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(영문) 창원지방법원 통영지원 2015.07.07 2015고정88
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was engaged in fishery as a member of the D fishing village fraternity in Tong Young-gu.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① On August 23, 2006, the Defendant: (a) received dividends from D fishing village fraternities to one of them (one set of five, 46 reduction, 300 meters per reduction) that was set up without a fishery license at C in front of the sea; and (b) harvested approximately 12,00 km from September 23, 2006 to December 2013, the Defendant carried out an unlicensed farming business with no license equivalent to KRW 6 million at the market price.

② From August 23, 2006 to August 22, 2009, the Defendant, upon obtaining a license from the Do fishing village fraternity through the Tong-si Fisheries Cooperatives, operated a cultivation business with a limited license E (which consists of 5ha, 200 meters reduced) and F (which consists of 52 pieces reduced to 400 meters) set up on the sea in front of Dong-gu C, through a license granted by the Do fishing village fraternity, operated a cultivation business with a single set (23rd reduction) in the limited fishing ground E, which is the qualification for fishing village fraternity members, and one set (24th reduction) in the F fishing ground.

However, as of August 22, 2009, the above limited license form was no longer able to exercise the fishery right as of August 22, 2009.

Nevertheless, the Defendant did not obtain a re-license with respect to the reduction of limited license E 23 and limited license F 24 respectively from August 23, 2009 to December 2013, 2013, and carried out non-licensed fish farming business equivalent to KRW 7,500,000 at the market price by harvesting approximately approximately KRW 15,00 km.

Accordingly, the Defendant, like the above, harvested a total of 27,00 kgs as stated in the above 1,350,000 won at the market price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of each police statement made to G, H and I;

1. Each investigation report and internal investigation report;

1. Application of the fishery license certificate, limited fishery fishery fishery fishery right exercise agreement, copy of the 30000000 ledger, copy of the personal fishery period for each person who is an unlicensed fish farming business, copy of the fact certificate, fact-finding survey photograph, photograph, receipt of compensation for fish farms

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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