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(영문) 수원지방법원 성남지원 2020.04.28 2019고단3302
여객자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 27, 2018, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months at the Seoul Central District Court on July 27, 2018, and the judgment became final and conclusive on August 4, 2018.

【Criminal Facts】

The Defendant is a person operating an insurance service provider for mutual accident management of “B”.

No person shall provide or lease a motor vehicle other than a motor vehicle for commercial use for transport, and no person shall arrange for such use.

Nevertheless, around April 18, 2018, the Defendant provided Drawro string vehicles owned by the Defendant at the Hanam-si apartment parking lot for two months in a way of consignment to E, an individual siren broker, and received KRW 19 million in return from the above E, and received KRW 19 million in return and received KRW 59 million in total from May 11, 2018, from that time, from that time to May 11, 2018.

Accordingly, the defendant provided private cars for transportation at a cost.

Summary of Evidence

1. Protocol concerning the suspect examination of the accused in court;

1. A protocol concerning the examination of suspect of the police against E, F, G, H, or I;

1. Statement of the police statement of F, J, K, L, and M;

1. Investigative report, the register of automobiles, vehicle photographs, account transaction details, Kakao Stockholm dialogues;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article applicable to the facts constituting an offense, and Articles 90 subparagraph 8 and 81 (1) of the Passenger Transport Service Act (wholly amended by Act No. 1653, Aug. 27, 2019) that requires the choice of punishment;

1. Article 37 (latter part), the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes under Articles 39 (1) and 39 (1) of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: Business.

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