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(영문) 제주지방법원 2015.06.26 2015고정417

여객자동차운수사업법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who operates B in Jeju City D, and the defendant corporation B is a corporation established for the purpose of domestic and foreign travel business.

No person who rents a commercial motor vehicle of a rent-a-car business operator shall use it for transport with compensation or sublet it to any third person.

1. On January 3, 2015, Defendant A used F Cost 1,300 bills (limited to KRW 2,300,000) for transportation of a commercial motor vehicle leased in the name of the Defendant in the name of the legal entity run by Defendant E at the parking lot for Jeju duty-free shop which is linked to Jeju city, and used for transportation of a commercial motor vehicle leased by Chinese tourists in the Do for the purpose of tourism in the Do, by using F Cost 1,300 bills (limited to KRW 230,00) for the purpose of tourism in the Do.

2. Defendant B, at the date and place specified in the foregoing Paragraph (1), the Defendant used the foregoing leased commercial motor vehicle for transport with compensation to Defendant A, a representative of the Defendant, in connection with the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning G;

1. A report on criminal intelligence;

1. The application of Acts and subordinate statutes to report internal investigation (a voice recording for Chinese tourists) and report internal investigation (a copy of report for reference);

1. Article applicable to criminal facts;

(a) Defendant A: Article 92 subparagraph 11 of the Passenger Transport Service Act and Article 34 (1) of the same Act;

(b) Defendant B: Articles 93, 92 subparagraph 11, and 34 (1) of the Passenger Transport Service Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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