유선및도선사업법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Legal principle 1) Excursion Ship and Ferry Business Act (hereinafter “ferry Business Act”)
Article 40 Subparag. 1, Article 3(1), and Article 2 of the Act provides “ferry business” and “ferry and ferry wharf,” and provides “ferry and ferry wharf,” and the Defendant did not provide “ferry and ferry wharf,” and accordingly, the Defendant’s act does not constitute an element of establishment under the Ferry Business Act. 2) The Defendant leased B (9.3 tons) (hereinafter “N”) to N Co., Ltd. (hereinafter “N”) and M Co., Ltd. (hereinafter “M”) and exercised substantial control over the instant vessel during the lease period of N and M.
Since the use relationship was the same as the use of N and M’s private vessel, the instant facts charged do not constitute pilotage under the Ferry Business Act.
3) In addition, even if the facts charged by the Defendant constituted a crime, the instant facts charged constitute a single comprehensive crime. Nevertheless, the lower court assessed the instant facts charged as concurrent crimes and dealt with concurrent crimes. In so doing, the lower court erred by misapprehending the aforementioned legal doctrine. (b) The lower court erred by misapprehending the legal doctrine.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is that the Defendant is the person who operates the ship at Gunsan City and other instant vessels, and is engaged in the port service business in C’s trade name.
The ferry business is the business of carrying ferries and ferry wharfs and transporting passengers and things on inland waters or sea, and the person who intends to carry on the ferry business shall obtain a license or report from the competent authority according to the size of ferries or the business territory.
Nevertheless, the defendant, at around September 12, 2018, 17:12, D in the military service port.