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(영문) 부산지방법원 2015.08.26 2014고정5214
항만법위반
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1. The Defendants shall be punished by a fine of two million won.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) Those who intend to use harbor facilities shall use harbor facilities after obtaining permission from the Minister of Maritime Affairs and Fisheries or obtaining approval from those delegated or entrusted with the operation of harbor facilities from the Minister of Maritime Affairs and Fisheries;

Nevertheless, at around 21:30 on August 10, 2014, the Defendant: (a) caused G, the representative of the FF corporation in front of the E-gate located in Busan YD, to use the harbor facilities without the consent of the operator, by allowing G, the representative of the FF corporation, to access the cargo line H (2,339 tons) owned by the FF corporation without the consent of the Busan Y, the operator of the above harbor facilities; and (b) used the harbor facilities without the consent of the operator.

B. On August 20, 2014, at the same place as the above paragraph (a) on August 20, 2014, the Defendant, without the consent of the Busan Port Corporation, had the said G contact with H (2,339 tons of loading and unloading of sea sand) and used harbor facilities without the consent of the operator.

2. Defendant B Co., Ltd. committed an act of violation as set forth in paragraph (1) of the above Article, which is the representative of the Defendant.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. A protocol of suspect examination of G police officers;

1. A report on investigation (whether the facility of the instant water zone is a facility of the L water zone);

1. A copy of the detailed information about the accusation of unlawful use of harbor facilities, an additional accusation of unlawful use of harbor facilities, a request for submission of a statement on the details of unauthorized use of harbor facilities (E), the regulations concerning the use, operation, etc. of harbor facilities of Busan Harbor Corporation, and the control information of each H;

1. A copy of the certificate or a copy of the H illegal work report;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 4 of Article 97 of the Harbor Act and Article 30 (1) of the same Act;

(b) Defendant B corporation: Articles 99, 97 subparag. 4, and 30(1) of the Harbor Act

2. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable.

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