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(영문) 서울동부지방법원 2018.04.13 2017고정1284
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is the user of C-Ma Trucks.

The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport of cargo.

Nevertheless, on May 1, 2017, the Defendant transported D’s large wave to the Seoul Songpa-gu E market and received 6.50,000 won in total nine times, as indicated in the list of crimes in the attached Form, and received a total of 5,850,000 won.

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

Summary of Evidence

1. Protocol of examination of the witness F and G, other than each date for examination of the witness;

1. Details of remittance of freight rates;

1. Application of Acts and subordinate statutes to carnet inquiries and mandatory insurance inquiries;

1. Article 67 of the relevant Act and Articles 67 subparagraph 7 and 56 of the alternative trucking Transport Business Act concerning facts constituting an offense, and the selection of fines;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the transport of a large frequency cultivated by G in the same trade relationship with the defendant is ultimately a transport of his own goods and is not a commercial transport.

However, in full view of the following circumstances acknowledged by the evidence duly adopted by this Court, it can be sufficiently recognized that the Defendant provided private-use trucks for transport of cargo at a cost.

① The content of the partnership with the Defendant and G is not the same as the Defendant and G together, but the same is the form of fostering a wave from the land owned by him or her or her, and the Defendant, by packaging and loading it, transporting it to the E market in formality. However, in substance, the content of the partnership with G is an arrangement that the Defendant transports the large wave for consideration.

(2) The value of large frequency from D shall be G to the shipper.

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