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(영문) 전주지방법원 2018.01.08 2017고정316
낚시관리및육성법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who runs a fishing place business using farmland, etc. in D and 16 parcels of land in Kim Jong-si.

(a) A person who intends to operate a fishing place business on private waters shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, from May 17, 2016 to October 13, 2016, the Defendant operated a fishing place business under the trade name of E without registering the fishing place business with the competent authority at the same place.

(b) On July 20, 2016, the public official in charge of Kim Jong-si Office set up a banner informing that it is not a legitimate fishing place in the above fishing place on or around July 20, 2016, and was installed there.

Since the seal was taken by using the belt preventing the use of the 30 units, the defendant did not take measures to maintain the seal as the manager of the above fishing place even if he had a duty of care to keep the seal not to be removed and damaged, so that the seal was removed from the above point of view to October 13, 2016, and thereby, the seal of 10 units out of the 10 units of the above sealed measures was removed and damaged.

2. Determination

A. Since the fishing place of this case, the defendant and his defense counsel, not the defendant, was operated and managed by F and K, who are the punishment of the defendant, and the defendant did not participate in the crime of this case.

B. On January 11, 2016, this Court issued a summary order of KRW 1,00,00,000, to the Defendant for the following facts: (i) the Defendant was found to have been admitted as evidence by this Court as follows; (ii) the Defendant was to operate the instant fishing place in fact in the course of regulating the said summary order and regulating the instant non-registered fishing place business; and (iii) the Defendant was to operate the instant fishing place in fact in the process of regulating the instant non-registered fishing place business.

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