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(영문) 전주지방법원 군산지원 2014.05.12 2014고정111
어선법위반등
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual owner and the captain of a coastal complex fishing vessel B(1.2 tons) at the time of military childbirth and is engaged in fisheries.

1. The maximum number of persons on board entered in an inspection certificate of a fishing vessel for the violation of the Fishing Vessels Act shall be limited to two persons, and it shall not be allowed to take more passengers on board for navigation or fishing;

Nevertheless, around 15:00 on December 2, 2013, the Defendant, at the start point of the port of non-conception on the surface of the port inside Saemangeum City, Gun-si, Saemangeum City, left the port by leaving the port, including himself/herself, and passed through the site of the geological work in the Saemangeum city, and entered the call at the start point of non-conception on the same day at around 20:25 on the same day, used the fishing vessel for navigation by more than two persons on board the maximum number of persons on board the fishing vessel inspection

2. A person who intends to carry on a ferry business at sea using ships less than five tons in violation of the Excursion Ship and Ferry Business Act shall file a report on a ferry business at sea with the chief of the coast guard station having jurisdiction over the sea area

Nevertheless, the Defendant agreed to receive 380,000 won (including boarding charges) from 00,000 won from 00,000 won, without reporting the ferry business, and carried out the ferry business for transporting the same company as stipulated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. A copy of a fishing vessel inspection certificate or a copy of a vessel certificate;

1. Answer as to whether a license to engage in ferry business has been obtained;

1. Application of Acts and subordinate statutes to each photograph (investigative record 10 to 12 pages);

1. Article 44 (1) 7, Article 27 (1) 1 (the fact of violation of the maximum number of persons on board and the choice of fines), Article 39 subparagraph 1, and Article 3 (1) of the Excursion Ship and Ferry Business Act concerning criminal facts (the fact of running a unreported ferry business and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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