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(영문) 수원지방법원 평택지원 2018.10.18 2018고단1293
여객자동차운수사업법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant is a person who operates a motor vehicle leasing business and a motor vehicle driving business by proxy under the trade name of “D” in Ansan-si, B.

1. Violation of passenger transport business Act;

(a) No person, other than a motor vehicle rental business operator, who violates the prohibition against use of the name, shall operate a motor vehicle rental business by using all or part of motor vehicles for business under his/her own or another person's name;

Nevertheless, on August 2016, the Defendant, from “F,” a company located in Daejeon Dong-gu, Daejeon Special Metropolitan City, the Defendant (a summary indictment on the same day) opened a car for H 5 passenger cars and IK7 passenger cars owned by the said company, and operated the car rental business using two automobiles from that time until June 26, 2018.

(b) No person who violates prohibition against commercial transport by a private car shall provide or lease a motor vehicle for compensation other than a commercial motor vehicle;

Nevertheless, at around 03:00 on April 13, 2018, the Defendant leased a passenger car in total of 100,000 won to L, which is owned by the Defendant (former M) from January 2, 2017 to May 12, 2018, including a NK 7 passenger car in the name of the Defendant, PK 5 passenger car, PK5 passenger car, QK5 passenger car, and R 5 passenger car in the name of SK5 passenger car.

2. On July 21, 2017, the Defendant in violation of the Special Act on the Prevention of Insurance Fraud is an insurance policyholder and the insured who subscribed to the “U Personal Automobile Insurance” that guarantees the damage caused by an accident involving a personal car of a victim T company.

In the above personal automobile insurance for profit, damages caused by accidents that occur when the insured motor vehicle has been used repeatedly in return for fees or fees for the purpose of profit-making, shall not be paid by the insurer for the reason of the insurer's exemption from liability.

Nevertheless, the defendant is above.

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