Defendant shall be punished by a fine of KRW 100,000,000.

When the defendant does not pay the above fine, 200,000 won.

Punishment of the crime

The defendant is a national of the People's Republic of China, who is a captain of promising fishing vessels C (148 tons, permanent shipment) in China.

No foreigner who intends to conduct fishery activities with the permission of the Minister of Oceans and Fisheries in the exclusive economic zone of the Republic of Korea shall violate any restriction or condition attached to the permission (in the case of promising fisheries, the area of waters between five nautical miles outside the territorial sea of the Republic of Korea in the northwest of 35 degrees North latitude in the Yellow Sea).

Nevertheless, on March 26, 2017, the Defendant, in violation of the above conditions of permission around 09:40 on March 26, 2017, carried out a promising fishery by boarding the said C at approximately 21.74 nautical miles northwest-do, Man-do, Nam-gun, Man-do, the area of which is approximately 0.5 nautical miles outside the territorial sea of the Republic of Korea (the area at least 35.25.1 minutes north-do and 125.35 minutes east-do).

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Results of report on the bareboat situation of foreign fishing vessels and verification of their locations;

1. Application of a location map, each field photograph, and the Acts and subordinate statutes of a permit for fishery activities;

1. Subparagraph 2 of Article 17 and Article 10 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Code for the custody order is that Korea’s fishery resources are seriously destroyed or damaged due to the recent illegal fishing by the Chinese fishing vessels, and there is a heavy need for imposing strict liability for such damage as many human resources and equipment of the Korea Coast Guard to regulate the illegal fishing. The Defendant committed the instant crime even though he had been punished twice due to the same criminal act, and the Defendant committed the instant crime even if he had the record of being punished twice due to the same criminal act, and all other circumstances, including the motive and background of the instant crime, and the circumstances before and after the instant crime, etc., which are the conditions for sentencing as shown in the records and arguments, shall be