The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

The summary of the facts charged is that Defendant A is the guidance of the J fishing village fraternity located in the Jigu in Changwon-si from October 3, 2015 to October 3, 2015, and Defendant B and Defendant C are fishermen engaged in the business of gathering shellfish.

No fishery right may be the object of the lease.

1. Around May 24, 2016, Defendant A entered into a contract to lease B and C the right to fishing of shellfish fish (a number: the former L/W), and M (a number: the former L/W) of shellfish aquaculture in the name of the J fishing village fraternity. From May 26, 2016 to June 30, 2017, Defendant A entered into a contract to lease B and C KRW 250 million.

The content of the contract between B and C shall be paid to the fishing village fraternity for the above period, and the fishing village fraternity shall grant B and C all the right to collect natural brine for the above period, and the fishing village fraternity shall not participate in the work of the fishing village fraternity for B and C, and all the expenses incurred in collecting brine shall be borne by B and C, and the market for the collected brine shall be examined by B and C, and if the future profit is expected, both B and C shall be borne, and all the damages shall be borne by B and C even if the damage is incurred.

Accordingly, the Defendant leased the fishery right to B and C.

2. On May 24, 2016, Defendant B and the Defendants conspired, and concluded a lease agreement with Defendant B and the said fishing right and leased the said fishing right at the office of the said JJ fishing village fraternity as prescribed in paragraph (1).

However, whether the fishery right in the form (1) affects naturally produced marine animals and plants (negative) The fishery right in the form of fisheries law is limited to the licensed marine animals and plants.

Therefore, the fishery right does not extend to the natural fishery animals and plants (see, e.g., Supreme Court Decisions 137Do32434, Feb. 13, 2014). In the instant case, each of the fishery rights (former L, former N) was licensed as the shellfish aquaculture, and among which, regarding the former N fishing ground, the type of the collected marine products was limited to “brupted” (Article 581-584 of the Investigation Records). Therefore, the above fishery right is effective in the natural mountain village.