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(영문) 부산지방법원 2014.02.17 2013고정6150
항만운송사업법위반
Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the actual operator of the company B, who exercises overall control over the loading and unloading of the company, and the defendant B is the corporation established for the purpose of the harbor loading and unloading business.

1. A person who intends to conduct a harbor transport business shall register his/her business with the Minister of Land, Transport and Maritime Affairs in violation of the registered matters, and shall not conduct a harbor transport business in violation of the registered matters, and since the registration conditions for conducting a general loading and unloading business in Busan is at least one billion won (at least 2/3 of the appraised value of the facilities shall own the facilities), and the capital is at least 200 million won, any person who intends to conduct a general loading and unloading

Nevertheless, from around December 23, 2010 to April 26, 2012, the Defendant did not own any particular loading and unloading equipment, such as selling one of the registration equipment, which was owned to satisfy the conditions for the assessment of the facility value, from among the registered matters of the general loading and unloading business, to F, etc., and violated the registered matters against the unspecified large number of owners, without holding any particular loading and unloading equipment.

2. Defendant B, at the same time and time as in the preceding paragraph, carried out a general loading and unloading business in violation of the registered matters concerning the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning G;

1. The original register of construction machinery and vehicles by company;

1. Request to supplement the registration equipment of the harbor loading and unloading business;

1. Results of complementary measures taken in 2011, a list of status quo of harbor transport and related businesses in 2012;

1. Criteria for registration of harbor transport business and summary of the authorization of loading and unloading;

application of laws and regulations on fact-finding surveys

1. Article applicable to criminal facts;

(a) Defendant A: Articles 31 subparag. 1 and 4(1) of the Harbor Transport Business Act;

(b) A stock company: the main sentence of Article 33, and Articles 31 and 4 (1) of the Harbor Transport Business Act;

1. Detention in a workhouse (Defendant A);

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