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(영문) 수원지방법원 2017.02.02 2016고정3061
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Violation of fishing villages or fishery harbors;

(a) Any person who intends to use or occupy fishery harbor facilities occupying and using such fishery harbor facilities without permission shall obtain permission from the fishery harbor management authority;

Nevertheless, from October 16, 2014 to September 19, 2016, the Defendant parked two cargo vehicles (D and E) owned by the Defendant in the parking lot within the area of the State-owned fishery harbor located in B, which is the State-owned fishery harbor located in B, without obtaining permission from the fishery harbor management authority, and occupied fishery harbor facilities without obtaining permission from the fishery harbor management authority.

B. On June 21, 2016, the Defendant failed to comply with an order to reinstate a freight vehicle installed without permission as referred to in paragraph (1) in the zone B, which is located in the zone B, as described in paragraph (1) of Article 1, to park the freight vehicle and to occupy the fishery harbor zone without permission, until June 30, 2016, even though he/she received the order to reinstate the freight vehicle under the name of the Chinese market to reinstate it until June 30, 2016.

2. Any person who intends to operate a resting restaurant business shall file a report with the competent authority on each type of business or each place of business in accordance with the relevant regulations;

Nevertheless, the Defendant, without reporting the business to the competent authorities at the time and place specified in paragraph 1(a), prepared and sold to many unspecified people who found the place by using cooking equipment, such as freight cars and oil slicks, slicks, etc. installed in the cargo slicks, without reporting the business.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Each accusation;

1. Application of statutes on site photographs;

1. Article 60 (2) 3 of the Fishing Villages and Fishery Harbors Act, the main sentence of Article 38 (1) (unauthorized occupation and use) against criminal facts, Article 60 (2) 4, Article 45 subparagraph 5 of the Fishing Villages and Fishery Harbors Act, and Article 46 (1) (i) of the Fishing Villages and Fishery Harbors Act.

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