Defendant shall be punished by a fine of KRW 150,000,000.

When the defendant does not pay the above fine, 200,000 won.

Punishment of the crime

The defendant is a foreigner of the nationality of the People's Republic of China, who is a captain of C ( approximately 40 tons, tin, tin, river, and 5 boarding crew) who is the end-line of a pair of net fishing vessels.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone, he/she shall obtain permission from the Minister of Oceans and Fisheries for each ship.

Nevertheless, at around 10:00 on November 30, 2015, the Defendant captured an aquatic animal of approximately 40 km, such as return and other miscellaneous species, through a pair of wire network operations, from approximately 46 nautical miles (34-51 N, 124-16 N, and 8 nautical miles on the side of EZ) at the west-do Hong-gun, Hongnam-gun, west-gun, Hong-gun, west-do (hereinafter referred to as “N”), without obtaining the aforementioned permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A statement of detection;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the bareboat Location Map, Evidence photograph, and fishery product sales record book;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal system on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Confiscation Exclusive Economic Zone, Article 132 (1) of the Criminal Procedure Act;

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

1. The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act for the custody order is highly likely to mislead the fishermen of the Republic of Korea as a matter of undermining the order on the adequate preservation and management of the fishery resources of the Republic of Korea by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea, and as such, it is highly necessary to punish the fishermen of the Republic of Korea.

However, the fact that the defendant is recognized to be wrong, the size of the ship, the method of operation, the number of operations, the catch, the motive and circumstances of the crime, and the situation before and after the crime.