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(영문) 전주지방법원 군산지원 2019.08.16 2019고단505
수산업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

Defendant

A is the owner of the Gun-si Do-si Poto-si Poto-si Poto-si Poto-si Poto-si Poto-si Poto-si Poto-si, and the defendant B is the owner of the Do-si Poto-si Do-si

1. Any person who intends to conduct inshore fishery business using a powered fishing vessel with a gross tonnage of at least 10 tons, or a powered fishing vessel with a gross tonnage of less than 10 tons determined to protect fishery resources and to coordinate fisheries, shall obtain permission for each fishing vessel or fishing gear from the Minister of Maritime Affairs and Fisheries;

Nevertheless, around December 31, 2018, the Defendant captured 4,564kg of fishery products, such as a new light of the market price of 93,92,620 won at 24 times in total, as shown in the [Attachment Table (1] up to January 30, 2019, using an inshore-type fishing gear loaded in the above C without obtaining an inshore-type fishing permit on the sea of approximately 1,50,00,000 won in the south of the Sinsan City, Sinsan-si, Sinsan-si, and without obtaining an inshore-type fishing permit.

2. No one shall possess, distribute, process, keep or sell fishery resources or products thereof captured and gathered in violation of an order under the Fisheries Act or the Fishery Resources Management Act;

Nevertheless, the Defendant: (a) loaded a new light of an amount of KRW 5,60,00 at the market price of KRW 5,00,000 on the Defendant’s freezing vehicle (F or G) and sold it to customers in possession, custody, or influence; and (b) possessed, kept, or sold fishery products, such as a new light of an amount of KRW 87,420,00 at the market price of KRW 87,420,00,00 in total on 23 occasions, as shown in the [Attachment] List of Crimes (2] by January 31, 2019.

Summary of Evidence

1. Defendants’ legal statement

1. A certificate of fishery permission (C);

1. Illegal new fishing vessel C-related internal bond photographs;

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