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(영문) 대전지방법원서산지원 2020.12.10 2020고단583 (1)
어선법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Co-defendant B is a company engaged in the business of manufacturing vessels in Chungcheongnam-gun, Chungcheongnam-gun, and Co-Defendant D is the representative director of the above company, and Defendant A is the owner of the fishing vessel E (9.77 tons) shipped in Gunsan-si and is engaged in the fishing vessel business as the captain.

Any person who intends to change the details entered in a fishing vessel inspection certificate shall undergo a temporary inspection, and shall not use a fishing vessel for navigation or fishing operations without undergoing a fishing vessel inspection.

Defendant

On October 11, 2017, A and D concluded a shipbuilding contract with the condition that “D shall build a fishing vessel in accordance with the salvb and salvous fishing” at the above B office. After undergoing the inspection of the fishing vessel built as above, Defendant A entered into an additional contract with D to extend the upper structure of the fishing vessel and deliver it by extending the upper part of the fishing vessel.

Accordingly, on April 16, 2018, Defendant A was subject to the first regular inspection of the above fishing vessel built under the above contract from an inspector in the name of the Taean branch of the Korea Coast Safety Authority, and D had not undergone the fishing vessel inspection even though the gross tonnage was expanded from 9.7 metric tons to 11 ton by adding or expanding the power department of the above fishing vessel and the upper structure at the above B office during the day of approximately a week from around that time.

Accordingly, Defendant A conspired with D to use a fishing vessel for navigation or operation without undergoing a fishing vessel inspection.

Summary of Evidence

Defendant

A’s partial legal statement D’s legal statement

1. The defendant A alleged that the extension of a ship was unilaterally illegal extension because the ship was not informed by D, and that it was not requested to do so, as to the copy of the police interrogation protocol of the police interrogation protocol as to F as to F, the fishing vessel register, fishing vessel register, vessel photograph, shipping certificate, and fishing vessel inspection certificate as to F, but the defendant A unilaterally requested extension. However, the defendant A requested to build the ship together with the defendant A is from D.

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