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(영문) 춘천지방법원 강릉지원 2018.04.25 2018고정23
수산업법위반
Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A is a fishery right holder for multiple types of fishery business located in Gangnam-si D.

No fishery right holder shall have another person de facto control over the operation of his/her fishery business.

Nevertheless, as between B and around August 1, 2012, the Defendant entered into a contract to sell a model with the effect that B pays 5.9 million won to the Defendant and acquires the said fishing ground, and B had B de facto control over the operation of the said fishery from that time until October 2017.

2. No fishery right holder for defendant B shall have another person de facto control over the operation of the fishery business;

Nevertheless, on August 1, 2012, the Defendant entered into a contract for the sale of a model with the fishery right holder for the composite fish farming of a fishing ground located in Gangseo-si D, and the Defendant entered into a contract for the sale of a model with the payment of KRW 5.9 million to A, and the Defendant actually controlled the operation of the fishery until October 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of fishing right register;

1. Article 98 subparagraph 5 of the Fisheries Act and Article 32 (1) of the same Act concerning facts constituting an offense;

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

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