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(영문) 인천지방법원 2013.06.10 2012고정4760

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

[2012 Highly 4760] The defendant is a person who is operating an article center in the name of "C" in the name of "C" in Bupyeong-gu, Orasi-gu, Busan, and is the owner of the D5 tons private-use truck.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport purposes.

Nevertheless, at around 09:10 on August 3, 2012, the Defendant: (a) transported F apartment 1101 in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, from G, the owner of the article, with KRW 670,000, which received KRW 670,000 as transportation expenses and provided private trucks for cargo transport at a cost.

[2013 High 405] The Defendant is the owner of a H-private truck, who is operating an explanatory center with the trade name of “C” in Bupyeong-gu, Oracheon-gu B.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport purposes.

Nevertheless, around 11:35 on October 17, 2012, the Defendant provided a private-use truck for cargo transport at a cost, such as transporting 690,000 won for the transportation cost, while transporting her moving to a private-use truck of the above apartment of 605, 1004, the same apartment of 509, 701, Dong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

[2012 High Court Decision 4760]

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A report on investigation;

1. Vehicle registration certificate or business registration certificate (2013, 405);

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes to report on investigation (in cases of attached documents);

1. Article 67 Subparag. 5, Article 56, and Article 69(2) of the Trucking Transport Business Act concerning criminal facts, and Article 67 Subparag. 5, and Article 56 of the Trucking Transport Business Act concerning the choice of punishment: Selection of fines;