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(영문) 서울동부지방법원 2018.03.27 2017고정1459
화물자동차운수사업법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who uses a private truck for five tons owned by the type C.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport of cargo.

Nevertheless, on May 2, 2017, the Defendant received a request from the above C, E, etc. in the large-scale field located in the Newanan-gun located in the Southern-gun, and transported the large-scale truck to the above private-use truck, and received 650,000 won in the name of transportation expenses to the Defendant’s deposit account opened in the company bank as of the same day, and provided the private-use truck for transportation at a cost, from that time to June 19, 2017, by receiving a total of 7,700,000 won by the same method as shown in the list of crimes in the attached Table, from that time to June 19, 2017.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court: (a) the Defendant: (b) was engaged in the business of collecting large wave and supplying it to the ex-market; (c) the Defendant was engaged in direct transport to save costs in addition to the use of the transport company for large-frequency transport; (d) the Defendant and A was in charge of transport to the large-frequency shipper; (c) the Defendant immediately used the transport cost by stating the transport cost to the standard invoice even though the transport cost may not be separately stated to the standard invoice; and (c) the Defendant paid the transport cost by stating that prompt cash procurement is possible; and (d) the Defendant did not confirm whether the transport cost is the same as the shipper and the Defendant did not pay the transport cost in the standard invoice; and (e) the Defendant transported the vehicle on its own account.

Therefore, the defendant's private cargo vehicle is used for the transportation of cargo for cost.

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