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(영문) 부산지방법원 2020.11.18 2020고정1050
화물자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

However, it is against the Defendants for one year from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

1. The owner or user of a private-use truck for defendant A shall not provide or lease his/her own truck for compensation;

Nevertheless, around 11:26 March 3, 2020, the Defendant, at the construction site of the Busan East-gu C Sewage culvert, provided for private-use trucks owned by B for transport of cargo, by ordering G, a daily employee, to work as the site manager of the company B, which entered into a subcontract for construction work from F, for the construction work to lease-lease-lease-lease-lease-lease-lease-lease-lease-lease-type (E; hereinafter the “instant construction work”), to include the private-use truck of HE2.5 tons per day and to transport waste concrete, etc. generated at the same site to the construction site of the same Gu.

2. The Defendant B, as in the preceding paragraph, provided the Defendant’s employees with private-use trucks for money as above in connection with the Defendant’s business.

Summary of Evidence

1. The Defendants’ written recording of their respective legal statements made by the prosecution against Defendant A is acknowledged as having entered into a contract with Defendant B, including the contents of excavating soil and waste transport at the time of entering into the subcontract with F on the instant construction site to temporary storages, and Defendant A, including six employees G of the said company on March 3, 2020, ordering six persons including the above company to transport waste using dump trucks owned by the said company at the expense of KRW 2.80,000,000 at the same time (day of daily work, investigation records, 101, 101, and 3.80,000 won per 1 unit of investigation records).

Therefore, the Defendants are required from F to F for the purpose of transporting wastes.

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