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(영문) 광주지방법원 순천지원 2018.11.26 2018고정304
수산업법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence due to injury in the Gwangju District Court's net support, and the above judgment was finalized on August 10, 2016.

Defendant

A, from January 1, 2015 to April 30, 2016, a person who works for a fishing village fraternity while serving as the head of a fishing village fraternity in leisure hours, and Defendant B and D (a disposition of suspending indictment on the same day) are the members of the fishing village fraternity above C.

1. No fishery right may be the object of lease, unless it is a fishing village fraternity member, a district association member, or an English association consisting of members of a fishing village fraternity member, or members of a fishing village fraternity by region;

From March 19, 2015, Defendants and E concluded a lease agreement with C fishing village fraternity F, and with respect to G, to avoid the lease of C fishing village fraternity’s fishery right to a person other than C fishing village fraternity’s members, around March 19, 2015, on the same day, the Defendants and E entered into a delegation agreement with the effect that each of the above fishery rights is delegated to E, not C fishing village fraternity’s members, for the management and operation of the fishery right. On the same day, the Defendants and E entered into a lease agreement with the content that the lease deposit amount shall be KRW 10 million from March 19, 2015 to March 18, 2025.

Accordingly, the Defendant and E in collusion with Defendant B leased the fishery right to those who are not members of the fishing village fraternity.

2. No fishery right for a joint crime committed by the defendant A or H shall be the object of the lease, unless it is a fishing village fraternity member, a district association member, or an English association comprised of the members of a fishing village fraternity or the members of a regional association.

On April 18, 2015, the Defendant and C, with knowledge that the Defendant and C, were unable to lease the fishery right of C fishing village fraternity to a person other than C fishing village fraternity members, they concluded a fishery right exercise contract with C fishing village fraternity members in the name of C, J, K, L, M, N,O, P, and Q around April 18, 2015, and each of the above fishery rights on the same day are rights to H, not a C fishing village fraternity member.

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