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(영문) 부산지방법원 2017.04.26 2016고정3955
여객자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

No person who is not a transport business operator shall operate passenger transport business under his/her own or another person's name by using the whole or part of automobiles for business of a transport business operator.

1. Notwithstanding that Defendant A is not a trucking business operator, on March 2015, at the FF office located in Busan Seo-gu, Busan, the Defendant: (a) registered passenger transport business entity G with the representative director G of the said company to pay KRW 250,000 per month to the said company; and (b) registered Hyundai Lee 21, which is the Defendant’s ownership as a commercial automobile of the said company; and (c) concluded a so-called “land entry contract” with the Defendant to operate passenger transport business using the said vehicle in the name of the said company.

From March 2015 to February 29, 2016, the Defendant operated passenger transport service by using the said vehicle from March 2, 2015 to February 29, 2016, using the said vehicle to the J elementary school in Gangseo-gu, to the operation of the J elementary school in Gangseo-gu in Busan, to the operation of the commuting and the transportation of unspecified passengers, and to gain profits of approximately 1.5 million won per month.

2. Notwithstanding that Defendant B is not a transport business entity, at the office of the above FF Co., Ltd. around October 2010, the Defendant, at the representative director G of the said company and the representative director G of the said company, agreed to pay 2.50,000 won per month to the said company, and registered the passenger car charter bus (L) with the Defendant’s business vehicle, which is the Defendant’s ownership, as the above company’s business vehicle, and the Defendant concluded a so-called “land charter contract” with the said company to operate passenger transport business using the said vehicle under the name of the said company.

The defendant used the above vehicle from October 201 to March 2016 pursuant to the above branch entry contract, to carry on the operation of the O corporation located in Gangseo-gu Busan Metropolitan City M and the transportation of unspecified passengers, and gain of approximately KRW 1,500,000 won per month.

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