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(영문) 수원지방법원 성남지원 2019.07.03 2019고정143

여객자동차운수사업법위반

Text

Defendant

A and B Co., Ltd. shall be punished by a fine of two million won, by a fine of seven hundred thousand won, each of whom shall be punished by a fine of seven hundred thousand won.

Defendant

A, C.

Reasons

Punishment of the crime

1. No defendant A trucking business operator shall have another trucking business operator or any person who is not a trucking business operator operate passenger transport business with or without compensation by using all or part of his commercial automobiles;

Nevertheless, from April 2014, the Defendant received rent of approximately KRW 300,000 per month from D and C, which is not a transport business entity, and caused D and C to operate passenger transport business using “E” chartered buses in the name of C Co., Ltd.

2. Defendant B, a corporation that is engaged in passenger transport service, had the representative A lend the name of the Defendant in relation to its business as set forth in paragraph 1.

3. No person who is not a defendant D trucking business operator shall operate passenger transport business using all or some of the commercial automobiles of a trucking business operator under his/her own or another person's name.

Notwithstanding that the Defendant is not a passenger transport business entity, with respect to “E” buses under the name of a stock company B from April 2014 to June 30, 2016, the Defendant paid rent of approximately KRW 300,000 per month to A and operated passenger transport business using a chartered bus.

4. No person who is not a defendant C trucking business operator shall operate passenger transport business using all or some of the commercial automobiles of a trucking business operator under his/her own or another person's name.

Despite the fact that the Defendant is not a passenger transport business entity, the Defendant purchased “E” chartered buses with D around June 30, 2016 from D for approximately KRW 1.60,00,000,000, and operated passenger transport business using a chartered bus for about KRW 300,000 per month.

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol regarding Defendant C

1. A copy of the bankbook, a ledger by account, and a ledger;