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(영문) 대법원 2016.10.27 2015도14173
공전자기록등위작교사등
Text

The judgment below

Part against Defendant B and limited liability companies C and the guilty part against Defendant A.

Reasons

The grounds of appeal are examined.

1. As to the defendants' violation of the Trucking Transport Business Act

A. According to the reasoning of the judgment below, based on the legal principles and fact-finding stated in the judgment below, even if the defendants operated a truck transport business by increasing supply-restricted trucks by means of false scrapping as stated in the attached list of crimes (1) (3) of the judgment below, the court below acquitted the defendants on this part of the charges on the ground that this is merely an alteration in the composition cost, and it does not constitute "in cases of increase of supply without obtaining permission" subject to punishment pursuant to Article 67 subparagraph 1, Article 69 (1) and Article 3 (3) of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter " Trucking Transport Business Act").

B. However, it is difficult to accept the above determination by the court below for the following reasons.

Article 3 of the Trucking Transport Business Act provides that a person who intends to run a trucking transport business shall obtain permission as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (paragraph (1)), and that a person who has obtained permission for trucking transport business (hereinafter referred to as "transport business operator") shall obtain permission for modification in order to modify matters

(3) According to such delegation, Articles 6, 7, 9, and 13 of the former Enforcement Rule of the Trucking Transport Business Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013) shall require a competent authority to attach and submit documents stating the number, type, type, type, type, smoke, etc. of trucks when obtaining permission for trucking transport business, and a sales contract, a transfer certificate, or a shipment certificate, etc.; and shall also require the competent authority to submit such documents; whether such documents are prepared; whether individual trucks are registered; supply standards under Article 3(5) of the Trucking Transport Business Act; type, size

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