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(영문) 창원지방법원 마산지원 2018.04.17 2018고정35
수산업법위반
Text

1. Defendant A’s fine of 2,00,000 won, Defendant B’s fine of 2,00,000 won, Defendant C’s fine of 5,00,000 won.

Reasons

Criminal facts

1. Defendant K

(a) A person who intends to engage in fisheries within a demarcated area of fisheries shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, on December 3, 2012, the Defendant run a sectional fishery without obtaining permission from the head of a Si/Gun/Gu, including capturing approximately 303 km equivalent to KRW 52,54,000 at the market price from around that time to December 17, 2016, on the sea near the Si/Gun/Gu Magpo-si R, which was established without obtaining permission from the head of a Si/Gun/Gu, and captured approximately 303 km equivalent to KRW 986,00 at the market price.

(b) No person who violates the fishery resources management Act shall engage in fishery business in violation of the period of prohibition of capture or gathering of fishery resources determined by the President, area, depth of water, body length, weight, etc.;

Nevertheless, the Defendant, on January 15, 2015, on the sea adjacent to the R, Simpo-si, Changwon-si, Changwon-si:

1.1.1. to 1.0

1. up to 31. The capture of Daegu 245km equivalent to the market value of 1,478,000, the capture of which was prohibited until 31.

Accordingly, the defendant was engaged in fisheries in violation of the prohibition period of capture of fishery resources set by the President.

2. Defendant E

(a) A person who intends to engage in fisheries within a demarcated area of fisheries shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, on December 3, 2012, the Defendant run a sectional fishery without obtaining permission from the head of a Si/Gun/Gu, including capturing approximately 150 km of the market price from around that time to December 31, 2015, by installing a 479,000 g of Daegu equivalent to KRW 150 g of the market price, on the sea near the Si/Gun/Gu Masan-si R, Changwon-si, Seoul, without obtaining permission from the head of a Si/Gun/Gu, and capturing approximately 18,725 g of the market price of KRW 81,958,00 in the above manner.

(b) Any person who violates the Fishery Resources Management Act shall be the period of prohibition of capture and gathering of fishery resources determined by the President, area, depth of water, body length, weight, etc.

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