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(영문) 서울남부지방법원 2020.11.12 2020고정1597

화물자동차운수사업법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of the defendant corporation B located in Guro-gu Seoul and D, and the defendant corporation B is a corporation that carries on transportation business and delivery business at the above place, and is the owner of Epoter Ⅱ, a private truck.

1. No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport purposes;

Nevertheless, on March 31, 2020, the Defendant, using the above private-use truck and received the transportation cost in the amount and fine for the cargo, supplied the private-use truck for the purpose of cargo transport at a cost by transporting from the G unloading area of the F building G to the irregular area in the Gyeonggi-si.

2. The defendant, who is the representative of the defendant B, committed the same violation as the above 1 in relation to the defendant's business.

Summary of Evidence

1. On-site photographs and inspection of the register of motor vehicles;

1. Application of business registration certificate, contract for the use of international mail, and Acts and subordinate statutes of a transport contract;

1. Article 67 subparagraph 7 and Article 56 of the Trucking Transport Business Act, Defendant Company A who is selected as a fine: Articles 69 (1), 67 subparagraph 7 and 56 of the Trucking Transport Business Act, and the choice of fine;

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

1. The Defendants’ assertion and judgment of the Defendants of Article 334(1) of the Criminal Procedure Act (the Defendants’ assertion and defense counsel) asserts that, inasmuch as the customers received only postal charges, the following cargo transport services are offered free of charge by them, and the post offices and international special transmission companies receive business profits from the difference, they do not provide private-use truck for the purpose of transporting goods for cost.

The Defendants’ business directly visit and receive goods to be sent overseas from customers, and then receive them from the international special shipping company.