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(영문) 서울북부지방법원 2015.08.28 2015고정1475
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person who rents a commercial motor vehicle of a rent-a-car business operator shall use it for transport with compensation or sublet it to any third person.

1. On March 24, 2015, from around 16:21 to 16:53 of the same day, the Defendant: (a) operated the said car and received the rent-a-car from the rent-a-car business entity for transport with a car leased from (i) the rent-a-car business entity to (ii) a user in the name-free car; and (iii) operated the said car on the roads near the river station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the roads near the Seonam-dong, Gangnam-gu, Seoul, and (iv) KRW 10,000,000 for money.

2. On March 25, 2015, from around 17:00 to 17:06, the Defendant: (a) operated the said car in the same section with a name-free user on the said car; and (b) received the price of KRW 10,00 from the car rental business entity to use the car for transport with compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A vehicle rental contract;

1. Overlapping civil petition reports;

1. Application of Acts and subordinate statutes on illegal video CDs;

1. Article 92 subparagraph 11 of Article 92 and Article 34 (1) of the former Passenger Transport Service Act (wholly amended by Act No. 13376, Jun. 22, 2015) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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