Text
Defendant
A A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 10 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendants manage private call operators with the trade name of “C”, and operate a prompt call scambling team.
Any person who intends to operate a passenger transport business shall obtain a license of the Minister of Construction and Transportation for the national land as prescribed by Ordinance of the Ministry of Construction and Transportation.
Nevertheless, in collusion with the Defendants, from March 2017 to March 15, 2018, the Defendants operated passenger transport service, which received benefits from delivery of KRW 250,00 to KRW 270,000,00 from each engineer, in return for introducing approximately 12 private call technicians belonging to C using electricity to customers, after waiting the Defendants in a non-place where they had no license for passenger transport service, and being contacted with telephone from their customers, using electricity, and introducing approximately 12 private call technicians belonging to C to customers.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes to the protocol concerning interrogation of suspects to the prosecution regarding D;
1. Relevant legal provisions and the Defendants’ selection of punishment for criminal facts: Article 90 Subparag. 1 and Article 4(1) of the Passenger Transport Service Act, and Article 30 of the Criminal Act.
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, include all the circumstances indicated in the record, shall be determined by comprehensively taking into account the following circumstances.
[Defendant A] Preferential Conditions favorable to Defendant A: Normal Conditions favorable to Defendant B’s confession: The confession and the conditions unfavorable to the principal offender: The main operation of the instant crime period.