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(영문) 부산지방법원 2018.12.19 2018고단5015
항만법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a corporation that takes charge of equipment management of B, harbor affairs, and Defendant B is a corporation that employs Defendant A and uses construction machinery and carries out maritime work.

A person who intends to use harbor facilities shall obtain permission from the Minister of Maritime Affairs and Fisheries or from the Minister of Maritime Affairs and Fisheries or from a person who has been delegated or entrusted with the operation of harbor facilities (this case: Busan Port Corporation) or from a person who has entered into a lease contract with the Minister of Maritime Affairs and Fisheries, even though

1. From September 20, 2017 to August 14, 2018, Defendant A supplied C (D, 1,433 tons of construction machinery for water works) owned by B without permission to use port facilities from Busan Port Corporation. Defendant A did not obtain permission to use port facilities from Busan Port Corporation.

2. Defendant B Co., Ltd. committed the act as set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Response to materials requested for cooperation in investigation affairs;

1. Application of Acts and subordinate statutes to requests for cooperation in investigation affairs;

1. Article 97 Subparag. 4 and Article 30(1) of the Port Act; Defendant A who selects a fine for a crime; Articles 99, 97 Subparag. 4 and 30(1) of the Port Act; Articles 99, 97 Subparag. 4 and 30(1) of the Port Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

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