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(영문) 인천지방법원 2016.04.15 2015고정3308

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

1. A person who intends to engage in the food supply business of Defendant A shall register with the head of a regional marine fishery office according to each harbor or each type of business, and shall not engage in the water supply business of ships in other harbors using the water supply vessels registered in a designated harbor;

Nevertheless, from April 13, 2015 to June 1, 2015, the Defendant took overall charge of maritime oil supply-related affairs as managing directors of B Co., Ltd. from around April 13, 2015, and supplied 2,081,41,467 mphers of oil equivalent to the market price of KRW 4,714,467 mphers over 35 times using four sized ships, such as D and registered with four regional maritime fisheries offices, including Incheon Regional Regional Fisheries Offices.

2. Defendant B Co., Ltd. is a corporation whose purpose is to pay ship oil, etc.

At the same time and place as referred to in the preceding paragraph, A, an employee of the defendant, exceeded the designated harbor as seen above with respect to his/her duties, and was in violation of the Port Transport Business Act.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Responses to the registration of harbor transport business, replys to the request for cooperation in the business (whether the business related to harbor transport is registered, etc.), replys to cooperation in the business;

1. Application of Acts and subordinate statutes to illegal oil supply records ( Incheon, etc.) to the Corporation;

1. Defendant A who committed a crime: Subparagraph 1 of Article 31 and Article 26-3 (1) of the Harbor Transport Business Act: Articles 33, 31 subparagraph 1 of Article 31, and 26-3 (1) of the respective Harbor Transport Business Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Determination on the allegations by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The harbor transport-related business entity under Article 31 subparag. 1 and Article 26-3(1) of the Harbor Transport Business Act, summary of the assertion.