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(영문) 춘천지방법원 강릉지원 2020.04.14 2019고정215

항만운송사업법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of oil transport service and registered as a ship fuel supply business in the same sea port, etc. (hereinafter referred to as “ship fuel supply business”), and Defendant A is the executive director of the above company, who exercises overall control over the business of ship fuel supply.

1. Where a person who has registered his/her ship oil supply business for defendant A adds equipment to be used, he/she shall report the details thereof to the Minister of Oceans and Fisheries;

Nevertheless, on November 28, 2017, the Defendant used C (147 tons, oil tanker) (147 tons) which is an oil-driven vessel registered as the equipment of the said company at the 25th line of the East Sea (210 East Sea), which is an oil-driven vessel of Russia, and supplied 135,947 litres from that time without reporting 28 times in total, as indicated in the attached list of crimes, from that time, the Defendant supplied 135,947 litress for vessels, which is an oil-driven vessel of Russia, which is an oil-driven vessel of R. (630 tons) and without reporting 28 times in total as indicated in the attached list of crimes.

2. Defendant B, who is an employee, committed a violation as described in the above paragraph (1) with respect to his business.

Summary of Evidence

1. The defendant A's partial statement

1. Report on internal investigation (verification of the details of ship's oil supply by company);

1. 28 copies, each of which, Bunker Dere delivery certificates;

1. B, the details of oil supply to ships in the East Sea Port;

1. A registration certificate/B stock company of the harbor transport-related business;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether any additional report on ship fuel supply equipment is filed and as to whether another company is registered);

1. Article applicable to criminal facts;

(a) Defendant A: Article 31 subparag. 1-2 and Article 26-3 (3) of the Harbor Transport Business Act;

B. Defendant B corporation: Articles 33, 31 subparag. 1-2, and 26-3(3) of the Harbor Transport Business Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim.