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Defendant
A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. No person who obtains a marine officer license by fraud or other improper means;
On March 26, 2013, the defendant submitted an application for issuance of a marine officer's license (a small ship pilot's license number: D) stating that the defendant was on board a ship in C (9.77 tons) from February 3, 2010 to February 28, 2012 at the public service center of the Gun, Gun, Busan, and Gun.
However, the Defendant did not have been on board C (9.77 tons) from February 3, 2010 to February 28, 2012.
Accordingly, the defendant was issued a small ship operator's license by illegal means.
2. The defendant B shall not certify his/her work experience on board fraudulently;
On March 13, 2013, at the F Company Office located in Gunsan-si E, the Defendant prepared and delivered to A a certificate of work experience in the name of the Defendant stating that A was on board as a seafarer at the Defendant’s office from February 3, 2010 to February 28, 2012, from February 3, 2012.
A on March 26, 2013, after submitting a certificate of work experience on board to the Maritime Affairs and Port Office, A was issued a certificate of work experience on board.
However, in fact, A did not have been on board C (9.77 tons) from February 3, 2010 to February 28, 2012.
Accordingly, the defendant proved his career of working on board fraudulently.
Summary of Evidence
1. Defendants’ respective legal statements
1. A copy of an application for issuance of a marine officer's license;
1. Application of statutes to a copy of a certificate of work experience;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Subparagraph 1 of Article 27 and Article 4 of the Ship Personnel Act;
(b) Defendant B: Subparagraph 3 of Article 27 of the Ship Personnel Act (Selection of Fines);
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;