logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2019.10.01 2019고단695
수산업법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner of a medium-sized low-speed fishing vessel B (39 tons) that is towing out of the Southwest Sea of Sacheon-si, and C (Suspension of Prosecution on the same day) was the captain of B from February 2, 2012 to August 2018.

Any person who intends to conduct inshore fishery business shall obtain permission from the Minister of Maritime Affairs and Fisheries for each fishing vessel or fishing gear, and any person who runs a medium bottom fishery business in the Seocho-gu, the person shall not use the fishing gear attached with a trawls's reticor, such as a net reticor, used for trawls fishery business, for

Nevertheless, with a view to increasing the catch, the Defendant produced or purchased a device plate that can only be permitted and used for large trawls to carry out unauthorized fishing operations, and instructed C to carry out fishing using the above device plate while loading it in B.

C From April 1, 2014 to June 16, 2017, B loaded a net screen with B from Samcheon Port, etc., left the port of Samcheon Port, etc., and opened the network screen attached to B in the course of covering the nets at both sides of the ship at the southwest Sea and the southwest Sea of Jeju-do, etc., and captured 942,397kgg (4,750,765,698 won) (e.g., 198 won) as shown in the list of crimes in the attached list.

As a result, the Defendant conspired with C to use the fishing gear attached to the development device without obtaining permission from the Minister of Oceans and Fisheries.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Statement made to D by the police;

1. A copy of the certificate of the results of consignment sale, the president of the consignment, and an investigation report (with respect to the confirmation of additional details on suspicion of violation of the Fisheries Act);

1. Application of Acts and subordinate statutes to photographs of the head of operation site B, and illegal fishing operations using a development board;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 of the same Act concerning criminal facts and the selection of punishment;

arrow