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(영문) 인천지방법원 2012.10.19 2012고정3475

화물자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a math chysa (bridges) and a Dmaler scamba (inboards).

The owner or user of a private-use truck shall not provide or lease his/her private-use truck for compensation.

Nevertheless, at around 11:20 on February 28, 2012, the Defendant provided each of the above vehicles for commercial transport with the amount of KRW 80,000,000 from E Apartment 213 Dong 902 to F for directors' expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (as to the statement of the phone for reference);

1. Application of statutes on site photographs;

1. Article 67 subparagraph 5 of the Trucking Transport Business Act and Article 56 (Selection of Fines)

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted that only received personnel expenses related to directors, and each of the above trucks is provided free of charge, and it does not provide private-use trucks as "oil."

2. In the packing director service, the main part of the transportation (transport and loading and unloading) together with the packing, storage, rearrangement, and cleaning of the article, and it is reasonable to view that the defendant's payment received under the director's contract includes the service charges of all vehicles used for transport of the article in addition to the personnel expenses, packing materials, and other consumption expenses. Therefore, the defendant's payment for each of the above trucks is deemed to have been provided by the defendant and the defense counsel's assertion is not accepted