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(영문) 서울동부지방법원 2017.11.24 2017고정1331

화물자동차운수사업법위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to operate a truck transportation brokerage business shall obtain permission from the Minister of Construction and Transportation of the National Land, as prescribed by Ordinance of Ministry of Land, Transport and Maritime Affairs, but from January 1, 2015 to August 3, 2017, the Defendant: (a) from Seongdong-gu Seoul Metropolitan Government, “C” in the name of “C”; (b) received charges of KRW 50,000 per week from each engineer who owns a cargo vehicle for business use, such as Mas and boats, using the cargo network allocation program (personal identity); and (c) arranged for the transportation of the cargo by receiving 10% of the total daily freight from E, the owner of a private truck (D) as a cargo transportation brokerage fee, and arranged for the transportation of the cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. An investigation report (related to confirmation of the details of the transportation brokerage for a suspect, and fees for transportation of cargo);

1. Each written confirmation (E);

1. Application of Acts and subordinate statutes governing cargo vehicle photographs;

1. Article 67 of the relevant Act and Articles 67 subparagraph 4 and 24 (1) of the Trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

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;