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The defendant shall be innocent.
Reasons
1. The Defendant is running a fishery products distribution business under the trade name “D” at the time of leisure and receipt of the instant facts charged.
No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order issued under the Fisheries Act or any products thereof.
Nevertheless, around December 23, 2014, the Defendant: (a) purchased approximately KRW 75 kmg of fishery products, such as tidal ginseng illegally captured by E at the entrance parking lot of Geum-dong, Chungcheongnam-do, Chungcheongnam-do; and (b) distributed approximately KRW 17,54,00g of the purchase price in total at 15 times, as indicated in the list of crimes in the attached Table.
2. Although the gist of the defendant’s lawsuit was that the defendant purchased fishery products from E, such as the stated in the facts charged, the defendant was unaware of the fact that the above fishery products were illegally captured.
3. In order to find the Defendant guilty of the facts charged in the instant case, it should be proven that the Defendant perceived that the said fishery product was captured without permission at the time of purchasing the fishery products, such as the entry in the separate list of crimes, from E.
However, the following circumstances acknowledged by evidence, such as the witness E’s legal statement, that is,, E has the “permission for coastal complex fishery business,” and the E can legally capture fishery products, such as gram fishing using fishing, falling, etc., but it is not possible to capture fishery products by using the pains, self-nets, etc. with the said permission, and ② E sells the fishery products captured using the “coverage” from December 2, 2014 to August 2015 to the Defendant as indicated in the attached list of crimes. At the time, E, in particular, sold the said fishery products to the Defendant as indicated in the attached list of crimes.