The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding of the legal principles) is the captain of a fishing vessel owned by I, who actually manages and operates the said fishing vessel, and thus his/her agent is the representative.

피고 인은 위 어선의 상부 구조물 폐위장소( 閉圍場所) 용적을 증가시킴으로서 총톤수를 증가시켰다.

The increase in gross tonnage is subject to temporary inspection because the contents of the fishing vessel inspection certificate are changed.

Nevertheless, since the Defendant used a fishing vessel for navigation or fishing without undergoing a temporary inspection, it constitutes a crime of violating Articles 48(2), 44(1)4, and 21 of the former Fishing Vessels Act (amended by Act No. 14510, Dec. 27, 2016; hereinafter “former Fishing Vessels Act”).

Therefore, the judgment of the court below which acquitted the defendant is erroneous in law.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor shall change Article 48 (2), Article 44 (1) 4, and Article 21 of the former Fishing Vessels Act, which are both punishment provisions in the trial of a party, into Article 48 (1), Article 44 (1) 4, and Article 21 of the former Fishing Vessels Act, and also apply for amendments to a bill of amendment to the indictment that changes the facts charged accordingly, and the judgment of the court below shall no longer be maintained as it

However, the prosecutor's assertion of misunderstanding the legal principles is still subject to the judgment of this court, despite the reason for ex officio reversal.

3. The Defendant, as the captain of a fishing vessel C (9.77 tons) under the charge that was revised in the trial of the party, is the owner of the said fishing vessel as the Defendant’s wife.

A person who intends to change the details entered in a fishing vessel inspection certificate, such as a gross tonnage, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone an inspection for navigation

Nevertheless, on June 5, 2015, the defendant around 09:00 as an agent of I, in relation to his/her business.