Text
Defendant
A, B, and C shall be punished by a fine of two million won.
Defendant
A, B, and C fail to pay the above fine.
Reasons
Punishment of the crime
Defendant
A is the master of a diving fishing vessel G (4.93 tons) in the case of leisure water leased and used by Defendant C, and Defendant B is the master of a diving fishing vessel H(4.69 tons) in the case of leisure water.
In the case of Jeonnam-do, it is limited to Jeonnam-do, a fishing zone, in accordance with the Fisheries Act's order to coordinate fisheries.
1. On June 10, 201, from around 08:00 to around 13:00, Defendant A captured 6,200 knives using diving equipment from the Gunsan Fishery License Site (No. 5459) located in I of the Gunsan City and violated the operation area by capturing 6,200 knives, not the objects approved as the control vessel.
2. Defendant B captured 6,930 kids in the same manner and at the same time and place, and violated the fishing zone.
3. Defendant C, an employee of the Defendant, violated the operation area set forth in the order to coordinate fisheries, etc. as stated in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. Partial statement of the witness J;
1. Evidence, photograph and receipt of the violating vessel;
1. Application of statutes to the original register of fishing rights, fishing ground drawings, copies of fishing vessel lease contracts, details of approval for use of each fishing vessel, and copies of fishery permits;
1. Defendant A and B of the pertinent Act on criminal facts: Subparagraph 8 of Article 98 and Article 61(1)2 of the Fisheries Act (elective of fines): Defendant C: Articles 101, 98 subparag. 8 and 61(1)2 of the Fisheries Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order
1. Defendant D, an employee of the Defendant, violated the operation area set forth in the order to coordinate fisheries, etc. as stated in paragraph (2) of the facts constituting a crime in relation to the Defendant’s business.
2. The defendant D stated that the actual management of H is the husband C, and he is the owner of the vessel in his name and is well aware of the facts of operation as indicated in the judgment.
C is essential for one person to have two control lines.