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(영문) 대구지방법원 안동지원 2018.11.20 2018고정100
유선및도선사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant owns a excursion ship of 1.57 ton of 12 passengers at the lower time, which is a excursion ship.

A person who intends to engage in an excursion ship business and ferry business shall obtain a license of the competent authority or report to the competent authority according to the size of the excursion ship/ferry or the business territory prescribed by Presidential Decree.

Nevertheless, on April 8, 2018, the Defendant engaged in the excursion ship business without reporting to the head of Ansan-dong City City, a competent authority, at the subordinate captain of the sub-committee located in Andong-si, Andong-si, Anncheon-si, Anncheon-si, Anncheon-do,

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to a charge and a report on investigation results;

1. Article 40 of the Excursion Ship and Ferry Business Act: Subparagraph 1 of Article 40 of the Excursion Ship and Ferry Business Act and Article 3 (1) 2 (Selection of Penalty)

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

1. A provisional payment order: The defendant alleged that he was guilty of Article 334(1) of the Criminal Procedure Act and the reason for sentencing constituted a justifiable act by citing the circumstances of the case. However, according to the above evidence, it is recognized that he/she operated his/her business without obtaining a certificate of completion on the ground that the defendant failed to meet all the requirements for receiving a report.

All of the above arguments are not accepted.

Considering the past punishment records of the defendant, the background leading up to the crime of this case, the frequency of the violation, and the degree of profits from the crime, the amount of fine stipulated in the first summary order is deemed appropriate.

It is so decided as per Disposition by the assent of all participating Justices.

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