Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the actual owner or master of B (1.35 tons, Busan Gangseo-gu, Busan Coastal Complex Fisheries) and non-registered fishing vessels (not on the tonnage).

1. A person who intends to install fishing gear within a specified area of waters in violation of the Acts of fisheries or to run a fishery business using a non-powered fishing vessel or a powered fishing vessel of less than five gross tons shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, around 06:00 on September 30, 2017, the Defendant loaded one straw-type fishing gear with the above unregistered fishing vessel in the signal port located in the Busan Gangseo-gu, Busan, and connected it to the above B, and operated the above B, and depart from the port. At around 11:20 on the same day, the Defendant arrived at the surrounding sea of the morality located in Gangseo-gu, Busan, and then captured approximately 20 km of the instant unregistered fishing vessel and fishing gear that inhabits the seabed using the above unregistered fishing vessel and fishing gear.

As a result, the defendant did not obtain permission and carried on the shellfish-type fishery belonging to the divided fishery.

2. No person who violates the Fishery Resources Management Act shall load fishing gear, other than the fishing gear licensed, permitted, approved or reported under Article 41, etc. of the Act;

Nevertheless, the Defendant, at the above date and place, loaded one net mold of the shellfish-type fishing gear, which was not permitted to the above unregistered fishing vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. On-site photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (3) 1 of the same Act (the point of operating an unpermitted sectional fishery business), Article 65 subparagraph 6 of the Fishery Resources Management Act, and Article 24 (the point of loading fishing gear not permitted) of the Fishery Resources Management Act, and the selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;