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(영문) 서울남부지방법원 2013.11.14 2013고단2373
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The owner of a private-use truck of 2013rd 2373 shall not provide his/her private-use truck for the purpose of transporting it for a fee.

Nevertheless, the Defendant, while operating Crypting Center on December 17, 2012, transported 500,000 won by using the F truck, which is a private truck, from Yongsan-gu, Yongsan-gu, Seoul to 115, Goyang-gu, Seodaemun-gu, Seoul, and received transportation costs of 500,000 won.

Accordingly, the defendant provided a private-use truck for transportation purposes at a cost.

around 08:40 on July 9, 2013, the Defendant: (a) received transportation expenses of KRW 700,000 from G Apartment 201 Dong-gu Seoul, Gangseo-gu, Seoul; (b) received transportation expenses of KRW 1101,00 on condition that the packing directors would damage the above apartment; and (c) provided a private truck H (mati, 2.5t) private-use truck.

Accordingly, the defendant provided a private-use truck for transportation purposes at a cost.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A statement of detection and a statement of control;

1. Each motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to vehicle photographs and control site photographs;

1. Relevant provisions of subparagraph 5 of Article 67 and Article 56 of the Trucking Transport Business Act concerning facts constituting an offense.

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

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be strictly punished for the defendant, even though the defendant had served six times or more as a single criminal act, and even if he/she had served as a single criminal act, he/she has repeated two times or more, and thus, he/she shall be punished for the same crime. However, it is so decided as per Disposition on the grounds that the defendant led to confession of the crime and misunderstanding, and has no record of being sentenced to imprisonment or more severe punishment due to the same criminal act, and that there was no motive for the crime, and all circumstances such

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