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(영문) 대전지방법원 홍성지원 2019.01.25 2018고정108
항만법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

Where A fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant corporation B, who is in Boan City City C.

1. Any person who intends to use harbor facilities shall obtain permission from the Minister of Oceans and Fisheries, enter into a lease contract with a harbor facility operator, or obtain consent from a person who entered into the relevant lease contract;

Nevertheless, the Defendant obtained permission from February 19, 2018 to February 21, 2018 from the Minister of Oceans and Fisheries, entered into a lease contract with a harbor facility operator, or used harbor facilities without authority, such as storing raw materials for construction works, loading raw materials on the D harbor site in Seosan City, which is a harbor facility, without the lessee’s consent.

2. A, the representative director of the defendant B, used harbor facilities without authority in relation to the defendant's business at the same date and place as Paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning G;

1. Notification of four copies of on-site photographs and the current status of the use of harbor facilities without permission;

1. Five copies of documents related to permission for exclusive use of harbor facilities, application of Acts and subordinate statutes to the vessel-related documents, and full certificate of registered matters;

1. Article 97 subparagraph 4 of the Harbor Act and Article 30 (1) of the same Act; Defendant B stock company chosen to impose a fine: Articles 99, 97 subparagraph 4 of the Harbor Act; Article 30 (1) of the same Act; Selection of a fine;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the Provisional Payment Order: The first period for permission to use the harbor against the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act was extended twice through December 31, 2017, even though they had up to May 31, 2017. At the time of the extension, the public official in charge had already used the harbor for other construction, and thus, the additional extension was no longer possible. The Defendant’s defense counsel tried to load and depart the stone on February 19, 2018 at the port of this case.

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