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

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

Criminal facts

The defendant is a person who was engaged in fishery as a member of the D fishing village fraternity located in Si, Gyeong-nam.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① Nevertheless, on August 23, 2006, the Defendant: (a) received a distribution of one set of 1 lines (45 lines) from D fishing village fraternities, which was installed without obtaining a fishery license at the front of the E area at the time of Tong Young-si; and (b) harvested approximately 540km of 3.4 million won in the market value until December 201, and carried out a non-licensed farming business with no license equivalent to KRW 3.4 million in the market value.

② From August 23, 2006 to August 22, 2009, the Defendant received a license from the Korea Fisheries Cooperative Association through a fisheries cooperative in Tong Young-gu, and operated the aquaculture with the limited license F (5th, 200 meters reduced to 53th, 200), G (10th, 400 meters reduced to 52th) established in the front sea of Dong Young-gu, and the limited license F with the qualification of fishing village fraternity members, and the limited license F with the qualification of fishing village fraternity members, and the limited license F with the 39th reduction to G, respectively.

However, as of August 22, 2009, the above limited licence format was not able to exercise the fishery right any longer due to the expiration of the term of validity of the license.

Nevertheless, the Defendant did not obtain a re-license from August 23, 2009 to December 201, and harvested approximately KRW 8100 km, and 5.4 million at the market price.

Accordingly, the Defendant, like ①, harvested a total of 13,50 kgs as stated in paragraph (1) and engaged in unlicensed fish farming with a market price of 8,800,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, and J;

1. Reports on internal investigation (the type of fisheries without compensation for damage and the period of personal fisheries) and each fishery license certificate;

1. Investigation report (calculated of the period of unlicensed cultivation and the amount of cultivation);

1. Application of Acts and subordinate statutes to photographs to investigate the actual conditions of underwater culture facilities;

1. Articles 97(1)1 and 8(1) of the former Fisheries Act (amended by Act No. 12823, Oct. 15, 2014); the selection of fines, including relevant legal provisions on criminal facts;

1. The detention at a workhouse on May 14, 2014 of the former Criminal Act.