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(영문) 대구지방법원 포항지원 2015.08.26 2015고단485
수산자원관리법위반등
Text

Defendant

A Imprisonment of 1 year and 2 months, 10 months, Defendant C’s imprisonment, 8 months, and Defendant D’s fine of 5 million won.

Reasons

Punishment of the crime

Neither the female nor the 2015 Height485 (hereinafter referred to as "persons below the body body") of 2010§¯ nor 9 centimeters of 2015 chests shall be allowed to capture, and no person shall possess, distribute, process, keep or sell fishery resources the capture of which is prohibited.

1. Defendant A

A. On December 26, 2013, the Defendant distributed and sold to B the female 29 square meters (4,350 mar) of the 29 square meters (4,350 mar) that K, which was actually operated by the Defendant, illegally captured at the Gyeongdo Coastal Sea at the south-gu Gyeongdo, Nam-gu, Chungcheongnam-gu. From January 26, 2015, the Defendant, from that time until January 14, 2015, 598 mar (89,700 mar), 5,204 mar B and many unspecified persons under body size B and 5,204 mar to be distributed and sold to many and unspecified persons, around January 26, 2015.

(b) No person who violates the Fisheries Act shall actually control the fishery management of another person;

Nevertheless, around June 10, 2014, the Defendant: (a) transferred the said K’s ownership and fishery right to F with the purchase price of KRW 280,000,000; and (b) immediately leased the said K from F with the said price of KRW 30,000,000,000 for rent of KRW 3 million; (c) from June 10, 2014 to June 9, 2015, the Defendant used the said K and F’s fishery license for the said K and F for a period of time.

Accordingly, the defendant actually controlled another person's fishery management.

2. Defendant B: (a) around December 26, 2013, the Defendant is a retail store located in Daegu, Daegu, a retail store located in Daegu, where the female of 29 luxs (4,350 ma) supplied by A, as described in paragraph 1, from (ju)N where the Defendant working as an employee.

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