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(영문) 서울서부지방법원 2016.04.15 2015고정1834

화물자동차운수사업법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual owner of C2.5 tons of private-use trucks and D private-use trucks (bridges) and is operating an article center in the name of “E”.

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

Nevertheless, on September 7, 2015, the Defendant received KRW 900,00 from the shipper F on September 12:56, 2015, and transported the article using two of the above private trucks from Jongno-gu Seoul to Eunpyeong-gu Seoul.

Accordingly, the defendant provided private-use trucks for cargo transport at a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each fact-finding statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 67 Subparag. 7 and Article 56 of the relevant Act concerning facts constituting an offense, as well as selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;