Defendant

Kim Byung-il (Public Prosecutor Acting for, indictment for, and public trial)

Attorneys Kim J-jin (Korean)

Defendant shall be punished by a fine of KRW 1,000,000.

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.

The Defendant is a person who carries on freight forwarding business, such as a packing director, under the trade name called “○○ Profit Press” in Seoul Special Metropolitan City, Gwanak-gu ( Address omitted).

A person who intends to operate a freight forwarding business shall obtain permission from the Minister of Land, Transport and Maritime Affairs.

Nevertheless, on September 14, 2012, the Defendant, without permission, operated the freight forwarding business by providing three cargo vehicles, such as packaging, transportation, etc. using three cargo vehicles, such as the old 10-dong △△△ Complex 204 (vehicle number omitted), from the new Dokdong, Seoul Special Metropolitan City, by receiving KRW 240,00 from the above ○○ ○○○○ Press Press Office as the expenses for incidental services, such as Nonindicted 1 and packing directors.

1. Legal statement of the witness Nonindicted 2

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Partial description of the applicant;

1. Entry in a written accusation;

1. Statement of the answer to the question;

1. Entry of inspection marks;

1. Videos of evidence and photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 67 Subparag. 2 and Article 24(1) of the former Trucking Transport Business Act (Amended by Act No. 11690, Mar. 23, 2013);

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

1. The assertion;

The Defendant merely provided ancillary services, such as transportation of moving cargo and the arrangement of moving cargo, and did not engage in freight forwarding business by acting as a broker or an agent for another person (see, e.g., the instant request for formal trial and the written opinion dated April 4, 2013).

2. Determination

Article 2 subparag. 3 of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Trucking Transport Business Act”) provides that “trucking transport business” refers to a business that transports cargo for consideration using a truck in compliance with another person’s request. Article 2 subparag. 4 of the same Act provides that “trucking transport business” refers to a business that acts as a broker or an agent for a cargo transport contract at the request of another person, or a business that transports cargo in his/her name and on his/her account using a means of transport by a person who runs a trucking transport business or a trucking franchise business at the request of another person. Article 24(1) and (3) of the same Act provides that a person who intends to run a trucking transport brokerage business shall obtain permission from the Minister of Land, Transport and Maritime Affairs as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and accordingly, Article 9 of the Enforcement Decree of the same Act provides that the type of trucking transport forwarding business is a general freight forwarding business.

In addition, the language and text of the above provision is the primary purpose of the trucking transport agent's business to accept the consignment of the freight transport contract for the principal. However, since such forwarding agent may be in charge of incidental business to assist another person in realizing the purpose of transportation, it is rarely engaging in only pure freight forwarding business, such as customs clearance of goods, inspection of cargo, custody, insurance, and receipt of cargo, etc. It is rare that the freight forwarder is in charge of only pure freight forwarding business. In addition to such ancillary business, it is very urgent that the trucking transport business act has a means of transport and carries out proper transportation business concurrently, taking into account the fact that the trucking transport agent is defined as being included in the trucking transport agent's name and the freight forwarding agent's own account in addition to the trucking transport agent's own act of mediating and acting for freight forwarding contracts at the demand of another person, and thus, the trucking transport agent shall obtain permission for cargo forwarding business including the cargo forwarding agent's director and the cargo forwarding agent's office's incidental business.

In light of the following circumstances acknowledged by the evidence examined earlier, namely, the Defendant merely registered the freight trucking service, and the Defendant’s order stating “○○○○ Presses, packing directors, general directors, storage directors, and general cargo (on-site photographs, etc.)” (see, e.g., the 9th page, etc. of the investigation record). At the time of the instant truck, goods for packing directors were loaded (see, e.g., on-site photographs, etc.), the Defendant may recognize the fact that the Defendant operated the freight trucking service by transporting the cargo, including the ancillary services such as the packing of moving freight using the truck without permission. Accordingly, the Defendant’s assertion is without merit.

Judges Jinwon-gu