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(영문) 서울서부지방법원 2015.07.08 2015고단721
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The owner of a private-use truck, who is the owner of the B-use truck, or the owner or user of the private-use truck shall not provide or lease the private-use truck for a cost;

Nevertheless, around December 26, 2014, the Defendant received KRW 1,180,000 for directors' expenses from the Dongjak-gu Seoul Metropolitan Government UN Apartment-ro 2-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the 66-ro, Yongsan-gu, 1,180,000 for the use of the above private-use truck and provided the private-use truck for the transportation of cargo at a cost.

2. No owner of a private-use truck, who is the owner of such a private-use truck, nor the owner or user of such private-use truck shall provide or lease such private-use truck for compensation;

Nevertheless, around March 6, 2015, the Defendant received a transportation charge of KRW 80,00,000 from the Dongjakdong apartment in Dongjak-gu Seoul Metropolitan Government to the 66-ro, Yongsan-gu, Seoul, 200,000,000,000,000, and provided a private truck for transportation of cargo using the above private truck.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement from the person in charge of preparation C;

1. Each report on detection (Violation of the Trucking Transport Business Act);

1. Automobile registration certificate (B);

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Relevant legal provisions and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act concerning criminal facts and the choice of punishment (generally, and choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has been led to confession and reflect, that the registration of transfer has been completed for business use

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