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Reasons
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(영문) 의정부지방법원 고양지원 2014.01.17 2013고단1299
여객자동차운수사업법위반
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Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Defendant A is a person who operates passenger transport business using a chartered bus in substance with the trade name of (StateB) in the Gyeonggi-si.

The Defendant, around April 28, 2012, transferred E and F chartered buses at the office of the said state (B) around KRW 45 million, concluded a land entry contract under which E is to receive 300,000 won per month from E, and, from around that time to February 28, 2013, E received 30,000 won per month from E and had E carry on a passenger transport business using the said chartered bus.

Accordingly, the defendant had a person who is not a transport business operator operate passenger transport business for a fee.

2. The representative of the Defendant (State) B Defendant B, as described in paragraph 1, had E, who is not a trucking business operator, operate passenger transport business at a cost using the business vehicle.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a contract for transfer of movables, a full certificate of registered matters, and investigation report (attached to materials submitted by the defendant A and the complainant);

1. Defendant A: Article 90 subparagraph 3 of the Passenger Transport Service Act, Article 12 (1) of the Passenger Transport Service Act, Article 93 and Article 90 subparagraph 3 of the Passenger Transport Service Act, and Article 12 (1) of the same Act;

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

1. Determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively.

1. The Defendants asserted that they received KRW 45 million from E for the purpose of vehicle purchase investment, or that they did not enter into an entry contract with E, and that they denied the facts charged.

2. Determination

A. Article 12(1) of the Passenger Transport Service Act

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