Text
Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
A person having a fishery right or a person having a fishery permission shall not have another person de facto control over the operation of the fishery.
Nevertheless, on September 20, 2012, the Defendant: (a) lent his name to C on condition that C receives five million won from C, the actual owner of B; (b) obtained permission for coastal fishery from B under his/her own name; and (c) from that time until March 1, 2013, C employed two captain D, crew E, and (d) had C carry out fishing, such as large-scale fishing, at the same sea as that of B; and (b) had C de facto control over the fishery operation of the said B.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the prosecution against C;
1. Application of B lending document Acts and subordinate statutes
1. Article 98 subparagraph 5 of the Fisheries Act and Article 32 (1) of the same Act concerning the selection of penalties for crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;