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(영문) 제주지방법원 2017.10.27 2017고정482
선박직원법위반
Text

Defendant

A shall be punished by a fine of KRW 300,000,000,000,000,000.

The Defendants are subject to each fine.

Reasons

Punishment of the crime

1. Defendant A is a person who had worked as the head of aD fishing village fraternity affiliated with a fisheries cooperative in Jeju Island for about 35 years until January 2016.

On March 2015, the Defendant: (a) received a request from G, the owner of a fishing vessel, “F”, to certify F’s false work experience from March 2007 to November 2009; and (b) prepared and issued a certificate of work experience of the content of work on board.

As a result, the defendant proved B's work experience by falsity.

2. On March 31, 2015, the Defendant was issued a license for small-sized ship pilot, a certificate of work experience from March 2007 to November 2009, by submitting a certificate of work experience stating false details to the public official in charge of obtaining a license for small-sized ship pilot who is a marine engineer, to the Busan Regional Fisheries and Fisheries Agency’s fishery management team located in Jeju Island 128. The Defendant had been granted a license for small-sized ship pilot, a certificate of work experience, a certificate of work experience from March 2007 to November 2009.

Accordingly, the Defendant obtained a small vessel pilot license by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on internal investigation reports (the filing of an application for issuance and details on boarding, etc. upon the death of a suspected person), investigation reports (the verification, etc. of F's list of seafarers), and investigation reports;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 27 Subparag. 3 of the former Ship Personnel Act (amended by Act No. 13267, Mar. 27, 2015); Selection of a fine, etc.

B. Defendant B: Article 27 subparag. 1 of the Ship Personnel Act; Selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: In the case of Defendant A with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined by taking into account the age, circumstances leading up to the crime, etc.

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