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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. No person who is a defendant may lease or lease a fishery right;
Nevertheless, on June 30, 2012, the Defendant: (a) entered into a verbal agreement to lease the right to fish of shellfish fish (license number (F) to B in the vicinity of the Incheon Cheongjin-gun Village Center; (b) from around that time to March 30, 2015 (B shall pay the above amount to fishing village fraternities during the said period; (c) the fishing village fraternity shall grant B the right to recover key lighting during the said period; (d) the fishing village fraternity shall cooperate with B so that the diving vessel owned by B may be designated as a fishing village management vessel; (e) the fishing village fraternity shall not participate in the fishing village fraternity; and (e) the expenses incurred in the gathering, operation, etc. of diving lines shall be borne by B; and (e) the recovered key market shall also be secured by B; and (e) if profits are generated in the future, B shall bear all such profits; and (e) the above fishery right shall be leased to B.
2. Defendant B
(a) No person may lease or lease a fishery right;
Nevertheless, on June 2012, the Defendant leased the above fishery right upon entering into a verbal contract with A to lease the right to fish farming (license number: F) of shellfish in the vicinity of the Incheon Cheongjin-gun Community Center, Incheon, for KRW 110 million from around that time to March 30, 2015.
B. From June 2012 to December 31, 2014, the Defendant, without having obtained the fishery right under the Fisheries Act, run a fishery business without having obtained the fishery right, by collecting approximately KRW 510,000,000 from the sea level near Incheon Vindication-gun G, Incheon.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of the witness H, I, J, and K;
1. Partial statement of the witness L;
1. An agreement (referring to the management of key fishing grounds and the cases delegated for collection);
1. A proxy copy;
1. Management of shellfish;