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(영문) 부산지방법원 2016.09.08 2016고정118
항만운송사업법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A corporation is a company that carries out combined freight forwarding business, and the defendant A is an employee of the corporation B who manages the freight shipped in E.

1. A person who intends to calculate or certify the volume or weight of cargo when loading or unloading cargo at the request of another person shall file for registration with the Minister of Oceans and Fisheries after passing a qualifying examination conducted by the Minister of Oceans and Fisheries;

Nevertheless, on September 11, 2015, the Defendant did not have a valid inspection certificate for harbor transport business, and performed an inspection by changing the volume to 2.592CBM on the PACKING LBT (Packing specifications) of the cargo exported through a ship requested by a vessel owner F in Busan Dong-gu, Busan, the Defendant measured the volume to 2.484CBM of the cargo exported by the vessel owner F.

2. Defendant B, who is his employee, committed the same offense as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning G;

1. Container Roundflus and fashion list;

1. The application of Acts and subordinate statutes to the attachment of investigative reports (state) B representative submission records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 32 subparag. 1 and 7 of the Harbor Transport Business Act

B. Defendant B: Articles 33, 32 subparag. 1, and 7 of the Harbor Transport Business Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defendants and their defense counsel in the summary of their arguments are the employees of the defendant B (hereinafter "defendant A") who provide multiple cargo transportation and freight forwarding services, and the defendant A provides transportation and freight forwarding services to the defendant company.

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