Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for one year.

However, from the date this judgment became final and conclusive, Defendant.

Punishment of the crime

Defendant

B is the actual owner of a charter fishing boat C, and the defendant A is the captain of the above C.

The Defendants planned to engage in fishing business in a restricted area in order to obtain a large number of profits from the fishing business using the above fishing vessel, and to prevent the vessel automatic identification device (AIS) from being exposed to the Korea Coast Guard.

1. The Defendants’ co-principal

A. In order to ensure the safe navigation and prevent accidents of the fishing vessel and to maintain the order of the fishing vessel business, the pool of Incheon Metropolitan City, which violates the Fishing Management and Promotion Act on the violation of the business territory limit the business territory of the fishing vessel to the territorial sea line, and prohibit the fishing vessel business from being operated in the areas, such as restricted and controlled areas and specific sea areas, etc. under the relevant Acts

Nevertheless, at around 05:00 on February 1, 2018, the Defendants conspired to engage in fishing in the sea outside of the territorial sea (e.g., 36°34.60 minutes north latitude and 125°06.37 minutes north of the territorial sea) and refused to follow the direction of restriction on the business area of the poman from September 4, 2017 to February 1, 2018, on a total of 13 occasions from September 4, 2017 to February 1, 2018.

(b) Where a fishing vessel proprietor in violation of the Fishing Management and Promotion Act on false reports on entry into and departure from a port intends to have passengers embark on and depart from a port, he/she shall prepare a report stating the date and time and place of departure, the details of the fishing market, etc. along with the list of crew and passengers to embark on the relevant fishing vessel, as prescribed by relevant statutes;

Nevertheless, the defendants are engaged in fishing outside the territorial sea, which is a business-restricted zone, with 20 passengers aboard as described in the above paragraph (a).