logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2013.09.25 2013고단592
업무상배임
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person having a fishery right or a person having a fishery permission shall not have another person de facto control over the operation of the fishery.

Nevertheless, on September 20, 2012, the Defendant: (a) lent his name to C on condition that C receives five million won from C, the actual owner of B; (b) obtained permission for coastal fishery from B under his/her own name; and (c) from that time until March 1, 2013, C employed two captain D, crew E, and (d) had C carry out fishing, such as large-scale fishing, at the same sea as that of B; and (b) had C de facto control over the fishery operation of the said B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of B lending document Acts and subordinate statutes

1. Article 98 subparagraph 5 of the Fisheries Act and Article 32 (1) of the same Act concerning the selection of penalties for crimes;

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

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

arrow