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(영문) 인천지방법원 2016.05.26 2015고정3427

항만운송사업법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who exercises overall control over the affairs related to maritime oil supply at the sea dispatch place of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

Any person who intends to operate a ship rapid excursion ship business shall register with the Commissioner of the Regional Fisheries Agency for each harbor and each type of business, and shall not engage in the ship rapid excursion ship business in other harbors using the rapid excursion ship registered in the designated harbor.

Nevertheless, from January 1, 2013 to May 30, 2015, Defendant D exceeded the designated harbor by using 7 type E, etc., registered with five regional marine fisheries offices, such as Incheon Regional Maritime Affairs and Fisheries Offices, and with five regional marine fisheries offices, and supplied oil equivalent to KRW 158,390,337,103 of the market price over 882 times with 265,530,90 liters.

2. Defendant B Co., Ltd. is a corporation with the objective of selling oil.

Defendant

The Defendant A, an employee of the above company, violated the Port Transport Business Act with respect to the duties of the Defendant company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (whether the harbor transport business is registered and the results of oil supply in violation of jurisdiction);

1. Inquiry and reply to statutes related to the harbor transport business;

1. Responses following a request for cooperation in business affairs, replies to a request for cooperation in business affairs (the registration of a harbor transport-related business), replies to a request for cooperation in business affairs, response to a request for cooperation in business affairs, submission of the current status of registration of harbor transport-related business (ship oil supply business), submission of the current status of registration of harbor transport-related business, request for cooperation in business affairs, response to a request for cooperation in business affairs

1. A certificate of employment (A), business registration certificate, and certified copy of registry;

1. A service manual for the supply of fuel oil, a ship fuel transport, or a oil charter contract;

1. Application of Acts and subordinate statutes concerning the performance of illegal oil supply;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 31 Subparag. 1 and Article 26-3 Subparag. 1 (general) of the Harbor Transport Business Act and the selection of fines

B. Defendant B: Articles 33 and 31 subparag. 1 of the Harbor Transport Business Act.