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(영문) 서울동부지방법원 2015.07.17 2015고정949
선박직원법위반
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Defendant

A shall be punished by a fine of KRW 1,000,00 and by a fine of KRW 1,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On October 7, 2013, Defendant A was issued the sixth mate’s license, a marine officer’s license, by obtaining a false certificate of work experience on board that he/she was on board as a seafarer from May 12, 201 to July 12, 2013, even though he/she did not have on board a ship of Pyeongtaek-si No. 2 in Pyeongtaek-si No. 18888, Pyeongtaek-si; and Defendant was issued a six mate’s license, a marine officer’s license.

Accordingly, the defendant obtained a marine officer license in a false manner.

2. On September 24, 2013, Defendant B entered the date of crime as “ October 7, 2013,” but it is apparent that “ September 24, 2013,” and even if the correction was made ex officio, it does not interfere with Defendant B’s right of defense.” Thus, Defendant B’s correction ex officio is ex officio.

At the Seoul Marina office located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu 81, a certificate of work experience stating the above service period falsely was prepared, and the work experience of A was proved fraudulently.

Summary of Evidence

1. Defendants’ respective legal statements

1. Applications for issuance of licenses for marine officers;

1. A certificate of work experience on board;

1. Ship register and ship inspection certificate;

1. Response to the list of persons who have requested the issuance of certificates of loss of eligibility for employment insurance, and requests for cooperation in investigation affairs;

1. Application of Acts and subordinate statutes on internal investigation reports (verification of excursion ships of business type);

1. Article 27 subparagraph 1 of the former Ship Personnel Act (wholly amended by Act No. 13267, Mar. 27, 2015); Article 27 subparagraph 3 of the former Ship Personnel Act (wholly amended by Act No. 13267, Mar. 27, 2015); Article 27 subparagraph 3 of the former Ship Personnel Act (wholly amended by Act No. 13267, Mar. 27, 2015);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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