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(영문) 부산지방법원 2018.02.20 2017고정1056

여객자동차운수사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who actually operates “D”, a trucking business operator of Busan Jin-gu Ctel 818.

No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to run passenger transport service with or without any consideration by using the whole or part of his commercial automobiles.

Nevertheless, the Defendant used the said company’s office from December 2, 201 to December 2014, under the condition that he/she receives KRW 50,000 per month from E, who is not a transport business operator, as a fishing vehicle, a commercial automobile located in the said company, and used the passenger transport business in the name of D, and used the passenger transport business under the said company, under the condition that he/she receives KRW 200,000 per month from G, who is not a transport business operator, from January 201 to December 2015, on condition that he/she used the passenger transport business under the name of D, which is a commercial automobile located in the said company, under the condition that he/she received KRW 50,000 per month from E, a commercial automobile located in the said company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, G, and E;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration (the nine pages, 245 pages of investigation records);

1. Article 90 Subparag. 3 of the Passenger Transport Service Act and Article 12 (1) of the same Act concerning facts constituting an offense at the option of the relevant law and punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;