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

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

Punishment of the crime

The defendant is a fishing place proprietor who operates the "C fishing place" in Incheon Strengthening Group B.

No fishing place proprietor shall release fish species, such as fish species not approved for the transplantation of fishery resources, which cause or are likely to cause disturbance to the balance of aquatic ecosystems, into a fishing place.

Nevertheless, on January 1, 2019, the Defendant, including that supplied with 6 km of China from D and released it to C fishing places without obtaining approval for transplant from the President of the National Institute of Fisheries on January 1, 2019, released total of 305 km (a total of 3,630,000 won, including a domestic strength bridge, etc. (a total of 3,630,000 won) from around that time to January 12, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as the detailed statement of transactions (from January 1, 2019 to January 12, 2020), response from D on investigation reports (the verification of the volume of Class 4 discharge, such as imported fish species with the approval of transplant) and the details of approval of transplant;

1. Relevant Article 53 (2) 3 and Article 20 (1) 1 of the Act on the Punishment of Criminal Crimes, the selective fishing management and promotion of fishing, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s crime of sentencing for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as: (a) the creation of a healthy fishing culture; (b) the legislative intent of the relevant statutes intending to protect fishery resources; and (c) the fact that there has been a history of criminal punishment of fines twice due to the same crime.

However, it appears that the defendant's recognition of the crime is against the defendant, and that it does not release the species of the non-approval for transplant in the future, and that the gains acquired by the defendant are not very large amount due to the crime of this case, the age of the defendant.