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(영문) 전주지방법원 군산지원 2020.03.18 2020고정1
어선법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and the master of a named B(7.93 tons).

1. No person who violates the Fishing Vessels Act shall use a fishing vessel for which no registration is made;

Nevertheless, the Defendant, without registering with the head of the local government having jurisdiction over the port of registry for the opening of operations, was on board the ship as the captain with the pumps, high voltages, etc., as converted to the above B, which are ① around 5:00 on June 19, 2019, the Defendant, around 14:48 on June 23, 2019, departing from the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 2.37 U.S.

Accordingly, the defendant used the above B as a fishing vessel without registering it over two times in total.

2. No person who violates the Fishery Resources Management Act shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act, and remodel vessels or install facilities for the purpose of using such fishing implements;

Nevertheless, the Defendant carried a modified type of net fishing gear, which is not permitted in the above B, at the time and place of each item of Paragraph 1, and installed pumps and high voltages to use the modified type of fishing gear.

3. No person who violates the Ship Personnel Act shall serve as ship personnel without obtaining a marine officer's license from the Minister of Oceans and Fisheries, and shall meet the qualification as a small ship operator in order to serve as a ship other than a passenger ship among small ships sailing the coastal waters;

Nevertheless, the defendant operated the above B at each time and place of paragraph (1) without obtaining a marine officer's license, and served as the captain.

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