Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who operates a fishing place with the trade name, “C fishing place” in Ansan-si, a member B.

1. Any person who intends to draw water from public waters in violation of Acts on the management and reclamation of public waters shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, the Defendant did not obtain permission from the management authority of the public waters, and used 5 M&C from April 25, 2014 to December 14, 2015 to draw water from the public waters.

2. A person who intends to operate a fishing place business violating fishing management and promotion shall obtain permission from the head of the Si/Gun/Gu having jurisdiction over the relevant waters as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, the Defendant did not obtain permission from the head of the competent local government, and operated an unauthorized fishing place without permission, such as setting up the above C fishing place by drawing seawater in the common waters in the same manner as the above paragraph 1 from April 25, 2014 to December 14, 2015, and receiving 60,000 won from many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs;

1. Application of statutes to business registration certificates and copies of measurement and analysis reports;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8(1)5 (a) of the Act on the Management and Reclamation of Public Waters for Criminal Facts; Article 53(1)2 and Article 10(1) (a) of the Fishing Management and Promotion Act (a point of operating a fishing place without permission) concerning the management and promotion of fishing; the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.