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(영문) 인천지방법원 부천지원 2018.07.06 2017고정1157
화물자동차운수사업법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a private-use truck in C and C.

No owner or user of a private-use truck shall provide or lease such private-use truck commercially for transport of cargo without obtaining permission from the Mayor/Do Governor.

1. Nevertheless, around 11:30 on May 31, 2017, the Defendant operated a truck for private use and instructed employees E of the transportation company, which is called “D” in the operation of the Defendant, to take transport charges of KRW 2 million from the above “D” company in Bupyeong-gu, Incheon, to Kimpo-si G apartment 201, on condition that he would receive KRW 2 million from the above “D” company to Kimpo-si apartment 201.

2. Nevertheless, on August 30, 2017, the Defendant operated the said private truck under the condition that the transport company, “D” in the operation of the Defendant, should receive KRW 1 million from I, in front of the Incheon Bupyeong-gu H apartment 101, in advance of the 101-dong, Bupyeong-gu, Incheon.

Accordingly, the defendant provided private-use trucks for cargo transport at a cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, J and I;

1. A protocol concerning the interrogation of suspects of E;

1. Written Statement;

1. Reporting on detection, on-site photographs, details of control, and notification of vehicles violating the trucking transport business Act;

1. Inspection of the motor vehicle registration ledger (A);

1. In light of the discovery report (Violation of the Trucking Transport Business Act) and on-site photographing (the evidence in its holding, comprehensively considering the method and background of the movement of the private-use truck of this case to the president and the developments leading up to the movement of the private-use truck of this case to the president on May 31, 2017, the location of the bridge and the truck of this case, the type of the cargo loaded, and the type of the use and provision thereof, it is sufficiently recognized that the private-use truck of this

In addition, in relation to the transport of personal belongings on August 30, 2017, the defendant did not charge the additional cargo from I, but did not charge the expense.

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