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(영문) 대전지방법원 천안지원 2018.06.28 2018고정211
화물자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 10 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B established for the purpose of trucking transportation business in Asan CityD.

No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport of cargo.

A. The Defendant, a private-use truck registered as owned by B, owns five cargo vehicles of F, G, H, I, and J, a private-use truck, and entered into a commercial transport contract with E, a business partner, as indicated in the list of crimes in the attached Table, and transported the automobile parts for a fee by using the above cargo vehicles, which amounting to KRW 9,076, total operating frequency from around 2013 to 2017, to KRW 706,465,400.

B. The Defendant, a private-use truck registered as B owned by K Co., Ltd., owns two cargo trucks, and entered into a commercial transport contract with K Co., Ltd., which is a business partner, as indicated in the list of crimes in the attached Table, and carried out a commercial transport contract with K Co., Ltd., which is a business partner, with a total sum of 34 times from around 2016 to around 2017, with a total of 57,428,200 won, using the above cargo vehicle to transport the automobile parts for compensation.

2. A, the representative director of the B Defendant, committed the same act as that of the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police against M;

1. A written accusation and a certificate of full registered matters;

1. On-site photographs;

1. Details of each comprehensive vehicle tax;

1. Response materials (E), K reply materials, the number of times of annual transportation by year, expenses for payment, the current status of vehicles and articles;

1. Current status of commercial trucking transport for private use owned by the stock company B;

1. Application of each motor vehicle registration certificate statute;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 67 Subparag. 7 and Article 56 of the Trucking Transport Business Act, and the selection of fines;

B. Defendant B:

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