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(영문) 광주지방법원 해남지원 2018.05.17 2018고정9
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is the nominal owner of C (0.51 ton) in the case of non-military forces in Fulldo.

Tax-free fishing boats exempted from value-added tax, etc. pursuant to the Act on Special Cases concerning Taxation, Guidelines for Oil Supply Projects, etc. shall be used only for ships for the fishing business permitted.

Nevertheless, around June 16, 2016, the Defendant provided C’s tax-free oil supply card as if he/she was supplied to a person in charge of handling tax-free oil at D’s stations outside the Dondo Dondo Don Fisheries Cooperatives (hereinafter “Seoul”) and then acquired 20,040 liters from a person handling tax-free oil to use 20 liters for his/her non-registered fishing vessel.

2. A person who violates the Fishery Resources Management Act shall not carry fishing gear, other than the fishing gear licensed, permitted, approved, or reported under the law of fisheries, but the defendant loaded 85 fishing gear without permission on July 2016, the defendant, who was anchored to the fishing vessel of the defendant at the post-registration of the fishing gear, except the fishing gear of the defendant, which was anchored at the landing place outside the military, Donnam-gun, Don-do.

3. Although the owner of a fishing vessel violating the Fishing Vessels Act was subject to an inspection by the Minister of Oceans and Fisheries, such as a periodic inspection, with respect to the equipment of the fishing vessel, the Defendant used the fishing vessel to gather red ties by using the Defendant’s unregistered fishing vessel on July 1, 2016, around 2.8 Emb. in the vicinity of the territorial sea of the area other than the Ydo-gun, Ydo-gun, beyond the end of July 2016 without a fishing vessel inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, B, F, G, and H;

1. Evidentiary photographs, photographs taken from oil samples, and documentary evidence taken from samples;

1. A written appraisal;

1. Each report on investigation;

1. A details of a tax-free oil card, C operation confirmation, C-free oil delivery instructions, C-free oil supply card duplicates, and CI fishing vessel inspection data application of statutes;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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