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(영문) 창원지방법원 통영지원 2015.07.06 2015고정99
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The defendant is a person who is engaged in the fishery business as the head of the D fishing village fraternity located in Si, Gyeongnam-si.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① Nevertheless, around August 23, 2006, the Defendant: (a) received the distribution of one set (1st (17th reduction) from the D fishing village fraternity as to the aquaculture (which consists of five, 46 reductions, 300 parts per reductions) installed without obtaining a fishery license in front of the E Village in Tong-si; and (b) carried out an unlicensed fish farming business with approximately 4,320 km of 7,200,000 won at the market price by harvesting about 5, 46 reductions, 300 g.

② From August 23, 2006 to August 22, 2009, the Defendant d fishing village fraternity obtained a license through the Tong-gu Fisheries Cooperatives, and engaged in fish farming with distribution of 3 lines (15, 49, 51 reduction), 2 lines (27, 32 reduction) in the fishing ground under the limited license 5, and 2 lines (52 reduction) in the fishing ground under the limited license 6.

However, as of August 22, 2009, the above limited licence format was not able to exercise the fishery right any longer due to the expiration of the term of validity of the license.

Nevertheless, the Defendant: (a) from August 23, 2009 to December 2012; (b) from August 1, 2011 to July 20, 2012 with respect to the reduction of No. 49; (c) from July 21, 2012 to July 20, 2012 with respect to the reduction of No. 51; (d) from July 21, 2012 to December 2012 with respect to the reduction of No. 6-27; (e) from July 21, 2012 to December 2012 with respect to the reduction of No. 32, from August 23, 2009 to December 2012, the Defendant did not obtain a re-license; and (e) from August 23, 2009 to from December 23, 2012 with respect to the reduction of No. 4047,7400.

In this respect, the Defendant harvested 8760 knife total of 14.6 million won at the market price, such as ①, ②, and ②, engaged in unlicensed fish farming in the amount of KRW 14.6 million at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol against F, A, and G 1.

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