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(영문) 부산지방법원 2015.04.23 2015고정436

항만운송사업법위반

Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The defendant is a corporation established for the purpose of harbor loading and unloading business, and B is a person who has overall control over the loading and unloading business while actually operating the defendant.

Any person who intends to conduct a harbor transport business shall register with the Minister of Land, Transport and Maritime Affairs, and shall not conduct a harbor transport business in violation of the registered matters, and the registration conditions for conducting the general loading and unloading business at the Busan port shall be at least one billion won of the assessed value of the facility (at least two-thirds of the assessed value of the facility) and at least 200 million won in capital, and any person who intends to conduct a general loading and unloading business at the Busan port

Nevertheless, B, from December 23, 2010 to April 26, 2012, at the office of the defendant located in Seo-gu, Busan from around December 23, 2010 to April 26, 2012, performed a general loading and unloading business in violation of the registered matters against many unspecified owners, without holding any particular loading and unloading equipment, such as selling one of the registration equipment, which was owned to satisfy the condition of the appraised value of the facilities, among the registered matters of the general loading and unloading business, to F, etc.

Accordingly, the defendant Eul, the representative of the defendant, violated the registered matters concerning the defendant's business as above and carried out general loading and unloading business.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning G;

1. The original register of construction machinery and vehicles by company;

1. Request to supplement the registration equipment of the harbor loading and unloading business;

1. Results of complementary measures taken in 2011, a list of status quo of harbor transport and related businesses in 2012;

1. Criteria for registration of harbor transport business and summary of the authorization of loading and unloading;

application of laws and regulations on fact-finding surveys

1. The main sentence of Article 33, and Articles 31 and 4 (1) of the Harbor Transport Business Act concerning criminal facts;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;