화물자동차운수사업법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
2. However, in full view of the following: (a) the instant crime committed by the Defendant without obtaining permission for trucking transport brokerage business; and (b) the Defendant transported freight upon request from the ordering office and received part of the transportation commission under the name of brokerage commission, in light of the background, period, means and method, etc. of the instant crime; (c) the Defendant led to the instant crime; (d) the Defendant is the first offender; (e) the international logistics brokerage business was registered on February 16, 2015; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the instant crime, the lower court’s sentence against the Defendant
3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 67 Subparag. 2 and Article 24(1) of the former Trucking Transport Business Act (Amended by Act No. 12707, May 28, 2014); the choice of fines for criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;