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(영문) 부산지방법원 2017.12.14 2017고정2059
수산자원관리법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No one shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under the Act on Fisheries, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act.

Nevertheless, on April 11, 2017, the Defendant, along with B, made a small-sized fishing net and fishing gear prohibited from using at an insular location, purchased a fishing vessel to load it, and intended to export the above fishing vessel and fishing gear to Africa and to operate it at the same time. Accordingly, the Defendant raised expenses necessary to purchase the fishing vessel and small-sized fishing net and fishing gear at its expense, and the Defendant purchased two fishing vessels (C and D) at its expense, and manufactured 12 and 6 of the small-sized fishing net development network, and loaded the above two fishing vessels at the vicinity of the Busan Young-do Port on May 18:30, 2017.

Accordingly, the Defendant, in collusion with B, made and loaded fishing gear prohibited from being used in accordance with the Fishery Resources Management Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect B or E by the police;

1. Seizure records;

1. Application of enforcement manual, evidence photographing statutes;

1. Article 65 subparagraph 6 and Article 24 of the Management of Fishery Resources Act, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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