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(영문) 서울중앙지방법원 2015.09.22 2015고정2656

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to operate passenger transport business shall obtain a license from the Minister of Land, Infrastructure and Transport after preparing a business plan, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That any person who intends to operate passenger transport business prescribed by Presidential Decree shall obtain a license

The Defendant is a person who manages the call business articles in the mutual name of “C”, and operates a prompt call racker team.

The Defendant: (a) around April 2013, without obtaining a passenger transport business license or filing for registration; (b) around the same period from the Gangnam-gu Seoul Cheonggu Cheongdong, Gangnam-gu, Seoul to the Gangnam-dong area of the same Gu, by using the Defendant’s phone numberless vehicle; (c) received KRW 10,00 as transportation charges; (d) received call orders from customers; (e) allocated the call orders to 22 articles, including 10 teams and 12 night teams; and (e) received approximately KRW 1,00 per case from each article, and received approximately KRW 1,00 from each article, in return for transporting passengers by using a private car or siren vehicle; and (e) received KRW 1,00 per case from each article to April 7, 2015, the Defendant received KRW 1,000,000 from each article, to provide E, etc. with the 300-day passenger transport business operating phone, as stated in the attached Table 10-day passenger transport business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

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

1. Relevant Article of the Acts concerning the facts constituting an offense, subparagraph 1 of Article 90 of the Passenger Transport Service Act that selects punishment, and Article 30 of the Criminal Act;

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

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