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(영문) 전주지방법원 군산지원 2013.09.11 2013고정286
수산업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is both a lessee and a captain of the Da (7.93t) fishing boat C (7.93t) fishing boat at the coast of Chungcheongnam-gun, Chungcheongnam-gun

A person who intends to engage in fisheries shall obtain permission for each fishing vessel or fishing gear from the Minister for Food, Agriculture, Forestry and Fisheries.

1. The Defendant did not obtain a fishery permit, from around 18:30 on December 6, 2012 to 22:30 on the same day, captured approximately 0.9math day of the 200th day of the 1st day of the Sinsan City’s roof map, and captured approximately 320,000 kids equivalent to the market price, by loading and throwing away a straw-net fishing gear on the sea of the 0.9math day of the Gunsan City’s roof

2. On December 16, 2012, from around 08:00 to around 10:00 of the same day, the Defendant captured 30 kids equivalent to the market price of 24,000 won by means of throwing and lifting one mold of the above straw net net net net net net net net net on the sea of about 5 miles days from the 5th day of Sinsan-si, Gunsan-si.

3. On January 5, 2013, from around 08:00 to around 15:00 of the same day, the Defendant captured 300 knives of a height of 200,000 won at the market price, using a method of projecting and lifting one mold of the above low net net fishing gear at the sea of about seven-math day in the Dosan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes on documentary evidence, vessel documents, or vessel lease contract;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (1) of the same Act (Selection of Fines) concerning facts constituting an offense;

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

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

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

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