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Defendant shall be punished by a fine of KRW 500,000.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No one shall provide a private-use truck for a cost without permission under relevant Acts and subordinate statutes.
B around 13:20 on May 21, 2020, the Defendant, the owner of a private-use truck, was to receive KRW 1,400 per unit cargo from D in Gangseo-gu Seoul Metropolitan Government to the luminous-si, and transported the substitute cargo to the above vehicle, and provided a private-use truck for cargo.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes concerning accusation, explanatory notes, field photographing photographs;
1. Relevant Acts concerning facts constituting an offense and subparagraph 7 of Article 67 and Article 56 of the Trucking Transport Business Act (Selection of Fines)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that he/she concluded an entrustment contract with E and applied for an identification number plate, and did not constitute an offense by asserting that he/she was engaged in transportation as his/her employee, and that he/she was not directly received from the owner of the goods. However, as recognized earlier, insofar as the Defendant provided the “private-use truck” in his/her name as the “motor vehicle for cargo transport,” a violation of Article 67 subparag. 7 of the Trucking Transport Business Act is established, and the circumstances as alleged above can be considered in sentencing and cannot be viewed as the grounds for rejecting the establishment of the
Therefore, the defendant's assertion is not accepted.