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(영문) 부산지방법원 2014.04.11 2013고정5478
항만법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who holds and manages Busan Loading C (542 tons) under his name by entering into a lease contract with the Samsung Card Co., Ltd.

Any person who intends to use harbor facilities may use the harbor facilities after obtaining permission from the management agency, or entering into a lease contract with a person delegated or entrusted by the management agency or the management agency, or obtaining approval from the person who has entered into the relevant lease contract.

Nevertheless, around 16:00 on August 17, 2013, the Defendant entered a quantity book located in the Dobong-gu, Busan Metropolitan City, and moored and moored the said C, and thereafter, from around that time, the same year.

9. Until March 1, 200, the above C used the above quantity as a port facility without obtaining the approval of the use of the Busan Harbor Corporation, which is the management office.

Summary of Evidence

1. Legal statement of witness D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning the accusation of ships violating the Harbor Act, and C's unauthorized use of harbor facilities;

1. Relevant Article 97 subparagraph 4 of the Harbor Act and Articles 97 and 30 (1) of the Harbor Act, the selection of fines concerning facts constituting an offense;

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

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

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