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(영문) 제주지방법원 2012.11.21 2012노31
여객자동차운수사업법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts or misunderstanding the legal principles, although the travel agency only arranged a car rental contract and did not have concluded a car rental contract on behalf of the rental company.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment with respect to the defendant's criminal facts and applicable provisions of Acts as follows, in the trial of the court, and since this court permitted this, the judgment of the court below was no longer maintained.

1) In criminal facts, around April 19, 201, the Defendant entered into a contract for leasing the above 24 hours to N for 24 hours at the office of M 2nd floor Co., Ltd. (hereinafter “B”) with the qualification of agent of the said B Co., Ltd., and entered into a contract for leasing the above 5 vehicles to N for 24 hours. B Co., Ltd. according to the terms and conditions of the lease reported by B Co., Ltd., and did not lend the above N to N in accordance with the terms and conditions of the above contract, and did not comply with the reported terms and conditions of lease. Preliminaryly, around April 19, 2011, the Defendant conspired with the 2nd floor L Co., Ltd., Ltd. and the 24 hours in full name of employees of B Co., Ltd., Ltd., and entered into a contract for leasing the above 5 vehicles to N for 24 hours, not 77,000 won in the existing rental agreement, but 600 won in accordance with the aforementioned applicable provisions of Acts.

(b).

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