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(영문) 부산지방법원 동부지원 2015.08.12 2015고단1012
수산자원관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant "C" in Busan Jin-gu B.

1. A person who violates the Fishery Resources Management Act may not possess, distribute, process, keep, or sell fishery resources or products thereof captured and gathered in violation of an order under the Fishery Resources Management Act or Fisheries Act. However, the Defendant purchased 306 ggs from May 2014 to February 2015 to purchase 23,205,000 gs in the above restaurant and sold the said restaurant to customers who find the restaurant.

2. Notwithstanding that no person violating the Food Sanitation Act sells foods, etc. manufactured, processed, or subdivided by a person, other than a business operator, or collects, manufactures, imports, processes, uses, cooks, stores, subdivides, transports, or displays such foods for sale, the Defendant purchased an illegal captured clor as referred to in paragraph (1) from D, which is not a business operator, without permission for food sales and transportation business, at the same time and place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (attached to the transaction books and the copies of case forwarding notes);

1. Article 64 subparagraph 1 of Article 64 and Article 17 of the Fishery Resources Management Act, Article 94 (1) 1 and subparagraph 7 of Article 4 of the Food Sanitation Act (the point of selling illegal catches) and the choice of fines for each type of crime, Article 64 (1) 1 and Article 4 (1) 7 of the Food Sanitation Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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