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(영문) 대전지방법원 2014.11.12 2014고정1275
여객자동차운수사업법위반
Text

1. Defendant A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by a fine of 3,000,000 won.

2. The defendants are above.

Reasons

Punishment of the crime

C From July 11, 2007 to November 26, 2013, the person who actually operated Co., Ltd. E and operated passenger transport business using more than 30 vehicles. From February 201, 2012, the person entered into an entry contract with B on the condition that he receives 4,50,000 won per vehicle for each month at the office E company E in the middle of February 201, and transferred the ownership of BF, G, H, and H, to the said company. From around that time to November 26, 2013, B received money from B and had B carry on passenger transport business, such as students, etc. using three passenger cars.

1. Defendant A, as the representative director of the said stock company E from November 26, 2013 to February 7, 2014, operated passenger transport business using 30 cars.

Defendant

A was appointed as the representative director on November 26, 2013, and was transferred with the agreement entered into with C as above. However, the admission fee was paid from B to February 7, 2014 on the condition that B received money equivalent to the four-party premiums. A received money from B and had B operate passenger transport business, such as students, etc. using three-party buses.

As a result, Defendant A had a person who is not a transport business operator operate passenger transport business using a part of the business vehicle for compensation.

2. Defendant B operated passenger transport business by using part of a transport business entity’s commercial motor vehicle even though he/she was not a transport business entity from February 2, 2012 to February 7, 2014, as seen above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants and C

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendant A who has the relevant legal provisions and choice of a sentence concerning the facts constituting an offense: Subparagraph 3 of Article 90 of the Passenger Transport Service Act and Article 12 (1) (Selection of Fine): Subparagraph 3 of Article 90 of the Passenger Transport Service Act and Article 12 (3) of the said Act;

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