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(영문) 서울남부지방법원 2016.11.11 2016고정1807

화물자동차운수사업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Geumcheon-gu Seoul Metropolitan Government Co., Ltd. B, who has overall control over the above business.

A person who intends to operate a freight forwarding business shall obtain permission from the Minister of Land, Infrastructure and Transport.

Nevertheless, from July 1, 2015 to May 12, 2016, the Defendant: (a) through the above corporation B office; and (b) via the “B’s Internet site; (b) provided 100 general directors’ cargo transport services; (c) provided three companies that meet the terms and conditions of the customer’s director among the three directors’ cargo transport businesses, such as lefts managed by the Defendant; and (d) provided three companies with the customer’s request for free visit; and (e) provided the customer with KRW 7,000,000 from the directors’ trucking company, and arranged the cargo transport services in return for the customer’s request for free visit.

Accordingly, the defendant operated the freight forwarding business without obtaining permission from the Minister of Land, Infrastructure and Transport.

2. Defendant B is a corporation established for the purpose of software development and advisory business.

A, the representative director of the defendant, was in violation of paragraph (1) with respect to the defendant's business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on freight forwarding and an illegal act;

1. Application of the Act on photographic Acts and subordinate statutes after cutting B-faf;

1. Article 67 subparagraph 4 of the Trucking Transport Business Act, and Article 24 (1) of the Act on the Protection of Trucking Transport Business, and Article 69 (1), Article 67 subparagraph 4 of the Act on the Protection of Trucking Transport Business and Article 24 (1)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334 of the Criminal Procedure Act.