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(영문) 창원지방법원 통영지원 2016.03.07 2015고정559
유선및도선사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

A person who intends to engage in ferry business at sea using a ship of at least five tons shall obtain a license for a coast guard.

On March 29, 2015, the Defendant: (a) entered the port fishing vessel C (7.31 ton) fishing vessel C (7.31 ton) and without obtaining a license for a coast guard; (b) entered the port on March 29, 2015, under the condition that KRW 8,000 per person at the arrival of the cargo ship in Busan-si, Busan-si, Busan-do, the Defendant left the port and left the port on March 29, 2015; (c) left the port on the same day at around 14:28,00 per person.

The Defendant, including this, transported a total of 57 tourists by the same method four times, such as the list of offenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of suspects of E;

1. Each report on investigation;

1. Each photograph and video image, shipment certificate, fishing vessel inspection certificate, fishing vessel inspection certificate, fishing vessel education certificate (the defendant and his defense counsel get on board a fishing boat for the purpose of fishing, so the fishing boat law should be applied not only to the excursion ship and ferry business, but also to the fishing boat law. In full view of each of the above evidence, the defendant asserted that the fishing boat law should be applied to the fishing boat business. However, considering the above facts, the defendant's operation of an unauthorized ferry business with the purpose of avoiding the control police officer's control, it can be sufficiently recognized, and therefore, the facts charged in this case are found guilty).

1. Selection of a fine under subparagraph 1 of Article 40 and Article 3 of the Excursion Ship and Ferry Business Act concerning facts constituting a crime;

1. Article 70(1) and Article 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;

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