A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the owner and captain of a non-registered fishing vessel of 1.5 tons.

1. A person who intends to conduct fisheries by using a non-powered fishing vessel in violation of the Fisheries Act or a powered fishing vessel with a gross tonnage of less than five tons shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility;

Nevertheless, at around 20:40 on September 4, 2018, the Defendant was engaged in catching approximately KRW 50,000,000 at the market price due to unauthorized net fishing gear, etc. after boarding and leaving the above 1.5 tons of fishing vessels without any permission from the competent authorities.

2. The owner of a fishing vessel violating the Fishing Vessels Act or a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel with the competent authority over the port or harbor where the fishing vessel or vessel mainly enters or departs;

Nevertheless, the defendant used the above 1.5 tons of a fishing vessel as a fishing vessel without registering it in the Gangseo-gu Busan Metropolitan Government Office, which is the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of the offender in violation and application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Articles 97 (1) 2 and 41 (3) 1 of the Fisheries Act concerning facts constituting an offense, and Articles 41 (3) 2 and 13 (2) and (1) of the Fishing Vessels Act (the occupation of using a fishing vessel without registration and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the condition that the defendant does not repeat again, and the defendant has no record of serving a punishment heavier than imprisonment without prison labor, and