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(영문) 서울중앙지방법원 2013.05.29 2013고단2058

여객자동차운수사업법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B's imprisonment for 4 months, Defendant C's fine of 4 million won, and Defendant D.

Reasons

Punishment of the crime

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 register the business plan with the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

1. Defendant A is a person who manages call business articles with the trade name of “J” and “K,” and operates a prompt call strawing team.

From March 2009 to April 2013, the Defendant: (a) transported customers using a passenger vehicle for a total of 1.7 times as shown in the list of crimes (1) from March 2009 to April 2013; (b) received a total of 2.59 million won in return; (c) received call orders from customers; (d) allocated orders to call articles, including 7 of a day team, 2 of an intermediate team, and 13 of a night team; and (e) received approximately KRW 1 to 50,000 in return for transporting customers by using a private car or rental car, the Defendant operated passenger transport business after receiving a fee of KRW 1,000 per case from each engineer.

2. Defendant B is the person responsible for the day-time operation of the running team.

The Defendant, from March 2010 to April 2013 without obtaining a license or registering passenger transport business, transported customers by using a passenger car of 139 times in total as shown in the list of crimes (2) and receives a total of 2,50,000 won in consideration of the transport of customers by using a passenger car of 139 times, as shown in the list of crimes (2). On the other hand, upon receiving a call order from customers, assigned the call order to nine call articles, including 7 a day team and 2 an intermediate team, and each article selected from the call is intended to transport customers by using a private car or rental car.