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(영문) 제주지방법원 2011. 9. 29. 선고 2011고정69 판결
[여객자동차운수사업법위반][미간행]
Escopics

Defendant

Prosecutor

The name of the grandchild;

Defense Counsel

Attorney Song-ho et al.

Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

Defendant (Defendant 1 of the judgment of the appellate court) is a person engaged in travel agency business while operating Nonindicted Co. 1.

Around April 19, 2010, the Defendant entered into a contract with Nonindicted Co. 3 to lend Nonindicted Co. 2’s automobile rental business (vehicle number 1 omitted) to Nonindicted Co. 2 for 48 hours at the above travel agency office in Jeju Island (hereinafter omitted), with Nonindicted Co. 2’s agent qualification, and entered into a contract with Nonindicted Co. 2 at KRW 65,800, not for the rental fee reported by Nonindicted Co. 2. Pursuant to the terms and conditions of the above contract, Nonindicted Co. 2 borrowed the said car to the said Nonindicted Co. 3 and did not comply with the reported rental terms and conditions at that time, as shown in the attached list of crimes (1) from April 19, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on Nonindicted 4’s statement

1. Accusation, each lease contract; and

Application of Statutes

1. Article applicable to criminal facts;

Each Passenger Transport Service Act (Article 92 subparagraph 9), Article 31 (1)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

[Attachment]

Judges Kim Jong-soo

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