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(영문) 인천지방법원 2020.01.08 2019고단6805
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to operate a rent-a-car business shall prepare a business plan and register it with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall not provide or lease any

Without registering a car rental business, the Defendant, from February 12, 2019 to February 12, 2019, posted a car rental fee of BM320D (E) owned by the Defendant from February 28, 2019 to May 10, 2019 to “C”, along with a external photo, “non-legal number plates”, “personal South and North Marate”, and “Hau 18 Embrate special”, and reported to D, who received from April 4, 2019 to April 6, 2019, leased the car rental fee of KRW 70,000 from February 28, 2019 to May 10, 2019, and purchased the car in the name of the Defendant’s mother’s 200D (E) and 280,000,000 won in total.

Accordingly, the defendant operates rent-a-car business without being registered with the competent authorities, and rents rent-a-car for private cars other than commercial cars.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. G statements;

1. Reports on internal accidents (number 11), and photographs of each vehicle posted;

1. Details of telephone calls between suspects and H deposits;

1. Application of the Acts and subordinate statutes to the investigation report (No. 46,47,48) and the I-use statement;

1. Relevant Article of the facts constituting an offense; Articles 90 subparagraph 4, 28 (1), 90 subparagraph 8, and 81 (1) of the Passenger Transport Service Act; the selection of a fine for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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