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(영문) 울산지방법원 2017.09.22 2017고정641
화물자동차운수사업법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in transportation business of the removal center type with the trade name of “D” in Ulsan-gu, Ulsan-gu, and is an owner of a truck 5 tonese a math of E TII tones (hereinafter “the instant sbridge”).

No owner of a private-use truck shall provide his/her private-use truck for transport of cargo at a cost.

Nevertheless, on February 10, 2016, around 15:16, the Defendant transported the F apartment of Ulsan-gu, Ulsan-gu, Seoul-do, to the second floor of the housing unit in Ulsan-gu, Seoul-do, by using the instant bridge vehicles, at the expense of KRW 750,000,000, from the person who requested the director to move into the second floor of the housing unit.

Accordingly, the Defendant provided the instant bridge, which is a private truck, for cargo transport at a cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to the effect that 750,000 won was paid to the directors of the defendant in a written investigation of the suspect against the defendant;

1. Written estimate of each director;

1. The defendant and his/her defense counsel's assertion on each investigation report, the defendant and his/her defense counsel are not provided for consideration since the defendant and his/her defense counsel did not receive the price for the use of the instant bridge from the director's request.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the defendant and his defense counsel’s assertion is without merit.

(1) The business operated by the defendant is a type of business that comprehensively provides services related to the transportation of victims, such as packaging, keeping, loading, transporting, and arranging money, and the expenses of directors to be paid by the defendant are costs for the provision of the above comprehensive services.

② The Defendant received KRW 750,00 from the director’s expense (the Defendant received KRW 750,00 as a whole).

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