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(영문) 대구지방법원 포항지원 2016.09.28 2016고정336

유선및도선사업법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is operator C in South-gu B at port and is the owner and captain of Mazart D (3.32 tons, 200 E).

A person who intends to engage in an excursion ship business and ferry business shall obtain a license of the competent authority or report to the competent authority according to the size of the excursion ship/ferry or its business territory prescribed by Presidential Decree.

Nevertheless, at around 23:25 on May 14, 2016, the Defendant received transportation charges of KRW 45,000 to KRW 50,000 per 1,000,000,000 from the mooring of the ship mooring at the south-gu Busan River at the port, and 10,000,000 won per 1,000 or more per 1,000 fishermen E, etc. on the D (the mother boats, 3.32 tons, 200 EM) owned by the Defendant, and left the 1 strike at around 23:45 on the same day, and later, the Defendant moved to the mooring of the ship mooring at the port, took three additional transportation charges, such as fishing F, etc. on the same day, and transported two passengers through two times without a license or report to engage in the new ferry business at around 00:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes governing the arrest of violations D;

1. Subparagraph 1 of Article 40 and Article 3 (1) of the relevant Act concerning facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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