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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A person who intends to carry on land seawater fisheries in violation of the Act on Fisheries shall obtain permission from the head of a Si/Gun/Gu for each facility, despite the fact that he/she has obtained permission therefor from the first patrol officer on May 2017;
8. From the date of March 31, 200, 500 Mari-do had been set up a land sea-water plantation in the vicinity of the E community located in the Antarctic group D and cultivated a white bridge by installing a sea-water plantation.
2. Although a person who intends to occupy and use public waters in violation of the Act on the Management and Reclamation of Public Waters obtains permission to occupy and use public waters from the management authority of the public waters, the Defendant used public waters in which the above-mentioned aquaculture was installed from around December 2014 without permission to occupy and use the relevant management authority.
Summary of Evidence
1. Statement by the defendant in court;
1. Documents related to investigation (whether public waters are shared and pertaining to permission to occupy and use public waters);
1. Each report on internal investigation:
1. Present status of a new fish farm;
1. Application of Chapter eight Acts and subordinate statutes to field photographs;
1. Relevant Article of the Fisheries Act and Articles 97 (1) 2 and 41 (3) 2 (unauthorized land seawater fisheries) concerning criminal facts; Article 62 subparagraph 2 of the Act on the Management of Public Waters and Reclamation; the main sentence of Article 8 (1) (unauthorizedly Public Waters Occupancy and Use of Public Waters); and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that the defendant had the same record as the defendant in sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant recognized a crime and reflects it, the circumstances where the defendant did not obtain permission, and other favorable circumstances, such as the defendant's age, family environment, motive for the crime, size and period of the act of violation of Acts and subordinate statutes, profits earned by the defendant through the crime, circumstances after the crime, etc.