화물자동차운수사업법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The Defendant is C-private truck owner in the facts charged.
No private-use truck shall be provided or leased for transport of cargo at a cost.
Nevertheless, the Defendant, on June 4, 2017, loaded the said cargo stuffed from a swimming farm located in Chungcheongnam-gun, Chungcheongnam-gun, and transported the said cargo to a joint Cheongju-si joint wholesale market for agricultural products in the original city (ju). On June 5, 2017, the Defendant received 350,000 won from the said joint Cheongju-gun (ju) account in the name of the Defendant.
As a result, the defendant provided transportation for cargo using private-use trucks.
2. The following circumstances acknowledged by the records of this case, namely, “to transport chemical goods for value” in the Trucking Transport Business Act refer to “to transfer the goods owned by the owner or a third party to the owner of the goods in return for money from the owner of the goods to the designated place by the owner of the goods,” and ② However, the Defendant may receive a higher price when shipping the goods directly cultivated in the name of the owner of the goods in the name of the owner of the goods in the middle, and thus, entrusted the shipment of the goods to the F with the sale of the goods at a higher price.
In light of the above facts, FF made a statement to the same effect in telephone conversations with the police and supported the defendant's assertion; 3 commissioned sales are purchasing or selling goods under the name of the other party, and the goods, etc. acquired by the commission agent from his/her principal, or from consignment sales, are deemed as owned by the principal in relation to the relationship between the principal and the commission agent or the creditor of the commission agent (Article 103 of the Commercial Act). In full view of F, the defendant's act of transporting the goods, which he/she received from his/her principal, from the commission agent, to the public wholesale market for agricultural products, is merely an act of transporting goods under his/her own possession, and the act of transporting the goods, which he/she received from the commission agent, to the public wholesale market for agricultural products, as defined in the Trucking Business Act.