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(영문) 서울중앙지방법원 2016.11.30 2016고정1661
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Basic Facts] From October 4, 2010 to July 30, 2015, the Defendant served respectively as the representative director of “F” corporation engaging in the freight forwarding business under subparagraph 6th 204 of the Seocho-gu Seoul Metropolitan Government E-building 6th 204, and from November 19, 2009 to July 30, 2015, as the representative director of “H” corporation engaging in the freight forwarding business under subparagraph 301 of the Seocho-gu Seoul Metropolitan Government G and 301.

【Criminal Facts】

1. No freight forwarder using the name of "F" shall allow any third person to run the freight forwarding business in his/her name;

Nevertheless, around November 17, 2010, the Defendant entered into an I franchise agreement with the above F Office, which did not obtain a permit for trucking transport brokerage business, and used the name of the “F” in the J where I is operating, thereby allowing the Defendant to run the freight forwarding business, such as packing directors.

Accordingly, the Defendant, from around that time to December 31, 2014, had I use the trade name “F” and “K” while operating the J, thereby having another person run the freight forwarding business under the name of “F” as the representative director.

2. No freight forwarder under the name of "L" shall allow any third person to run freight forwarding services in his/her own name.

Nevertheless, around May 28, 2013, the Defendant entered into a franchise agreement with M/L office with “H (trade name L)” without obtaining permission for trucking transport brokerage business, and M/L used the name of “L” to operate the freight forwarding business, such as packing directors.

Accordingly, from around that time to July 31, 2014, the Defendant had M use the trade name “L” and “O” while operating N, thereby allowing another person to operate the freight forwarding business under the name of “L” operated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the witnesses M and I.

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