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(영문) 부산지방법원 2016.11.24 2016고단5118
해운법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the master who is the master of Busan Ship C(6.67 tons).

On April 19, 2016, at around 10:25, the Defendant carried out the ferry business without obtaining a license from the competent authority, by boarding the said C on the condition that five of the employees belonging to the naval engineering corporation, from the sea of the Jeju Shipping Tank, which is anchored in the N-3 Investment Cemetery (N-3.18, N-3.17, east 129-04.17) located in the Southern Port of Busan, and from the sea of the Jeju Shipping Do to the Gyeong-dong Water Do-dong Water Do-dong located in Busan, five thousand won of the boarding fares.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the detection report of violation vessel C, collection photographs, copies of shipping certificates, copies of ship inspection certificates, copies of port facility use permit certificates, and copies of marine officer's license certificates;

1. Article 40 of the relevant Act and Articles 40 subparagraph 1 and 3 (1) of the Excursion Ship and Ferry Business Act, the choice of fines concerning facts constituting a crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background of the crime in this case; (b) the profits earned by the defendant in this case are small amounts; (c) there is no record of criminal punishment for the defendant after 2002; and (d) other punishment as ordered in consideration of the age

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