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(영문) 수원지방법원 안양지원 2017.07.19 2017고정320
낚시관리및육성법위반등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. A person who intends to operate a fishing place business on the surface of the water in violation of fishing management and promotion shall register with the competent administrative agency;

Nevertheless, the Defendant did not register with the competent administrative agency, from the end of October 2016 to November 18, 2016, installed 146 chairs in a vinyl of 2,215 square meters in the name of “F” in Gunposi C, D, and E, the surface of private waters, and operated a fishing place business by purchasing 10,000 square meters of water and inserting 15,000 won of admission fees from customers and letting them fish with fishing.

2. Any person who intends to operate a restaurant business in violation of the Food Sanitation Act shall report it to the competent administrative agency;

Nevertheless, the Defendant did not report to the competent administrative agency, and, from the end of October 2016 to November 18, 2016, the Defendant operated a general restaurant business that prepared and sold boomed boomed with cooking utensils, etc. to the customers who had been engaged in fishing with the above fishing places with cooking utensils, etc. in the above paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of seizure and a list of seizure;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to seized articles, field photographs and materials;

1. Relevant legal provisions concerning facts constituting an offense, Article 53(2)2, Article 16(1) (a) of the Act on the Management and Promotion of elective Fishing and Punishment (a point in a non-registered fishing place business), Article 97 Subparag. 1, Article 37(4) of the Food Sanitation Act (a point in a non-reported general restaurant business), and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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