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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 a person who actually operated a stock company B established for the purpose of passenger transport business from March 2013 to March 20, 2015.
No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to run passenger transport service with or without compensation by using the whole or part of his commercial automobiles.
Nevertheless, the Defendant: (a) received KRW 300,00 per month from January 17, 2014 to March 20, 2015 from C as a deposit fee; (b) registered one of the D tourist buses owned C in the name of the Defendant’s management company B; and (c) had C operate passenger transport business in the name of the said company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Investigation report (change of a suspect who violates the Passenger Transport Service Act);
1. Application of Acts and subordinate statutes to the written accusation, written complaint and relevant evidentiary documents;
1. Relevant legal provisions and Articles 90 subparagraph 3 and 12 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;