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(영문) 서울중앙지방법원 2016.04.26 2016고정23
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who manages call business articles with the trade name of “B,” and operates a call cipling team.

Any person who intends to operate a passenger transport business shall prepare a business plan and obtain a license or register with the Minister of Oceans and Fisheries or a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, around May 19, 2015, the Defendant, without obtaining a license or filing for registration for passenger transport business, transported Does and received KRW 10,000 as a transportation fee, using a passenger car in the former Samsung-dong in the same way as “Nobb Bedong in Gangnam-gu Seoul,” and then distributed 17 articles, such as a day-to-day team and night team, from November 18, 2014 to May 20, 2015, the Defendant received 10,000 won from each of the articles of the passenger transport service and received 10,000 won from each of the articles of the articles of the passenger transport service, and issued 10,000 won from each of the articles of the articles of the passenger transport service, and 100,000 won from each of the articles of the private cars.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol for the examination of police officers against E, F, G, H, I, J, K, L, M, N,O, and P;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report of investigation (related to specification of crimes at sight);

1. Article applicable to the facts constituting an offense, and Articles 90 subparagraph 1 and 4 (1) of the Passenger Transport Service Act that choose a penalty (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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