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(영문) 전주지방법원 정읍지원 2019.06.04 2019고정14
수산업법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Where a fishery right holder intends to use a fishing vessel necessary for controlling the fishing ground of his/her fishery business, he/she shall obtain designation from the head of a Si/Gun/Gu;

Nevertheless, Defendant A and Defendant B conspired to collect sea ginseng, etc. using “F”, which is a fishing vessel that was not designated by the head of a Si/Gun/Gu, from the e-fishing village fishing ground located in the Jeonbuk-gun located in the Jeonbuk-gun, the right of exercise by Defendant B from the fishing village fraternity, and Defendant A operated the “F” from March 15, 2018 to June 2018, and recovered back back from the fish farm. Defendant B, on board the said “F” together with the said “F” during the same period, got back back the uniforms with Defendant A and distributed proceeds from sale to Defendant A or female participating in operation.

As a result, the Defendants conspired to use the ship which was not designated as the management ship.

2. No person who commits joint crimes by Defendant A and Defendant G may capture, gather or cultivate marine animals and plants by any method of fishery business other than those prescribed by the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, at around 09:35 on June 5, 2018, Defendant A operated “F” a vessel of April 14, 2018, and moved “F” to the area north of an I port located in Haan-gun, the place of operation, and fixed at the place. Defendant G used diving equipment, including the mountain scoo equipment, to wear and lock the scoo equipment, and collected approximately 80 km and approximately 6 km from the sea bed.

As a result, the Defendants conspired to gather marine animals and plants by using scoo equipment.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A copy of contract and details of deposit of contract deposit;

1. A certificate of permission for extension of fishery license, and details of sales payments;

1. A detailed statement of fishery permission and a indication of fishing ground level (a confirmation mark of fishing ground level) (the second fact at the time of sale).

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