Defendant

A Imprisonment of one year and six months and fine of 90,780,000 won, and Defendant B corporation shall be punished by a fine of 10,000,000 won.

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of marine transportation and ship leasing business, and Defendant A is the representative director of Defendant B.

1. Defendant A

(a) The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office when he/she intends to export, import or return any goods in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 2009, the Defendant: (a) translatedly acquired the instant vessel under the name of D (hereinafter referred to as “instant vessel”) in the name of G (G.; hereinafter referred to as “G”); and (b) a conditional bareboat charter “Bare Catcate in H (hereinafter referred to as “H”) in the name of H (hereinafter referred to as “BCHP”) a company established by the Defendant on the documents established in Hongpe; and (c) a translation of Bare Cata in Hire Purse (hereinafter referred to as “BCHP”).

This means the method by which a charterer acquires ownership at the time of expiration of the charter period when the user of the ship is unable to pay the price of the ship in lump sum.

Generally, BBCHP is translated into “BBCHP” under the condition that it acquires nationality.

This was due to the background of the introduction of the BBCHP system into Korea. However, when BBCHP was imported into Korea as of the end of the 1960s, the government permitted the introduction of BBCHP under the condition that the charterer acquires the ownership of the vessel as the vessel of Korea upon the expiration of the charter period, and thus the charterer registered it as the vessel of Korea (see, e.g., I/J, “the issue of customs clearance of the vessel of bareboat under the international law regarding the vessel’s nationality system,” “the issue of customs clearance of the vessel of bareboat under the conditional acquisition of nationality” (see, e.g., 204), “Korea Maritime Law Association, Korea Maritime Law Association, and 487-488). However, BBCHP does not have the original requirements for acquiring the right of choice that the vessel may acquire upon the expiration of the charter period.