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(영문) 창원지방법원 통영지원 2014.08.22 2014고정286
선박직원법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who intends to become a ship personnel officer shall obtain a license for a ship officer by fraud or other improper means;

Nevertheless, on December 4, 2012, the Defendant submitted a false certificate of work experience to the effect that D was on board from October 201 to December 4, 2012, the Defendant was illegally issued the certificate of work experience for small-sized ship operators (E) from August 23, 2009 to December 4, 2012.

2. The defendant B shall not certify his/her work experience on board fraudulently;

Nevertheless, around December 2012, the defendant prepared a false certificate of work experience related to A, such as the entry in the preceding paragraph, at his own place of residence in Tong Young-si F, and proved the work experience falsely.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate of work experience on board (15 pages of investigation records), a certificate for marine officer's license, and the application of statutes;

1. Article 27 subparagraph 1 and Article 4 of the Ship Personnel Act; Defendant A who selects a fine: Article 27 subparagraph 3 of the Ship Personnel Act and Article 27 of the Ship Personnel Act; Selection of a fine;

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

1. An act of issuing a certificate of qualification issued by the State in an unlawful manner for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order shall be considered as a sentencing cause disadvantageous to the defendant, taking into account the fact that there is a great need for public interest punishment and the social demand for inspiring awareness

However, the defendants A was actually on board for one year and two months, and all defendants were the initial offenders, considering the grounds for sentencing favorable to the defendants.

In addition, the maximum statutory penalty of fines for crimes in the judgment is five million won, and the punishment as ordered shall be determined in consideration of the age of the defendant, family relationship, equity with similar cases, etc.

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