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(영문) 창원지방법원 통영지원 2018.05.29 2017고정400
수산직접지불제시행에관한법률위반
Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of five hundred thousand won, respectively.

Defendant

A and D each of the above penalties.

Reasons

Punishment of the crime

Defendant

A is the chairman of the Steering Committee of the area unfavorable to the M Village as the head of the M fishing village fishing village located L in Tong Young-si, and Defendant B, C, D, E, F, G, H, I, and J are those who do not engage in the fishery as the members of the M fishing village located in the M Village.

A person who resides in an area unfavorable to the conditions for application for a non-performance penalty for fisheries shall be a person who runs a fishery business, and the annual sales of fishery products through fishery business shall be at least 1.2 million won, or for at least 60 days during one year, and an application for a non-performance penalty for fisheries shall be submitted to the head of an Eup/Myeon/Dong after the Steering Committee. In such cases, even though it is aware that the details of the application for the agreement are false, the application shall not be conducted by checking the results of sales

1. On September 2016, Defendant A prepared an application for an agreement on the payment of fisheries direct gold in an area unfavorable to the conditions of 2016, with respect to nine residents, including village residents B, who do not have any qualification to be eligible for direct payments of fisheries at M M M community Center. From September 1, 2015 to August 31, 2016, the Defendant harvested fish and shellfish through joint fishing operations in the village fishing ground owned by MM fishing village fraternity and sold fishery products worth KRW 24 million to N in the Gu of Busan and distributed 1.3 million from the proceeds thereof, as if the Defendant falsely prepared the “detailed statement of joint payments of fishing village fraternities” and confirmed the results of fishery operations by having the unfavorable regional operating members sign and affix their seals jointly.

Accordingly, the defendant knew that the content of the written application for agreement is false, and confirmed the result of selling fishery products fraudulently.

2. Defendant B had the head of a fishing village fraternity submit an application for an agreement on the payment of non-performance of fisheries in an area unfavorable to the conditions of 2016 at the PMyeon Office located in Tong-si from May 1, 2016 to August 31, 2016, and collected fish, shellfish, and seaweeds by engaging in joint fishing in the village fishery right ( Tong Qu and R fishing) owned by the fishing village fraternity as a result of the fishery, and then gathering fish, shellfish, and seaweeds to the Busan Si/Gu S.

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