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(영문) 서울중앙지방법원 2013.11.27 2013고정5544

여객자동차운수사업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who running a call after obtaining call from C, etc., and the defendant B is a person who opens a call with the name of the defendant, leaving the call to him and plays a key role in receiving money using a private vehicle.

Any person who intends to operate a passenger transport business shall prepare a business plan and obtain a license from the Minister of Land, Transport and Maritime Affairs or make a registration with the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Nevertheless, the Defendants did not obtain the above license or register.

1. From July 15, 2013 to the 28th day of the same month, Defendant A operated passenger transport business without obtaining a license, with the transport fee of KRW 20,000,000,000,000,000,000,000,000 from July 15, 2013 to the destination for those who may know their names by using D personal-use vehicles, and KRW 10,000,000,000,000,000,000,000,000

2. From the beginning of 2009 to the end of July 2013, Defendant B operated passenger transport business without a license in the same manner as that of the foregoing paragraph, using the Ethroman car.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (Investigation of contact information) and contact information;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 90 of the Passenger Transport Service Act and Articles 90 subparagraph 1 and 4 (1) of the same Act and the selection of a fine for the crime;

1. It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act or above;