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(영문) 제주지방법원 2016.04.15 2015고단1320
자동차관리법위반등
Text

Defendant

A shall be punished by a fine of KRW 1,000,00,00,00,00,000,

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a cargo driver who belongs to the “E” company located in Jeju Island.

The above “E” entered into a management contract with the Plaintiff for the consignment of the automobile transport business, and agreed to pay KRW 136,00 to the Plaintiff for the management fee of KRW 9,226,00 each month. However, the management fee of KRW 9,226,00 was overdue, and the Plaintiff collected the front number plate of the Fririon No. 4.5 tons of truck around July 29, 2015.

At around 09:00 on August 10, 2015, the Defendant removed the front number plate of G Lino 5 tons of trucks from the office of “E”, and used the front number plate by attaching it to the front number plate of F Lino 4.5 tons of trucks with the front number plate, and used the front number plate unlawfully by using it from around 14:00 on the same day until the fact is discovered and the number plate is recovered. At the same time, the Defendant used the above Fino 4.5 tons of trucks to use the front number plate without authority.

2. Defendant B, who actually runs the above “E”, was an employee of the Defendant, thereby violating the Automobile Management Act in relation to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police with H;

1. A contract for the entrusted management of motor vehicle transportation business (G, F);

1. Business registration certificate (E);

1. Application of the statutes governing call details;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 78 Subparag. 2 of the Automobile Management Act, Article 71(1) (a) of the same Act, Article 238(1) (a) of the Criminal Act, Article 238(2) and Article 238(2) of the Criminal Act (a) of the same Act

(b) Defendant B: Articles 83, 78 subparag. 2, and 71(1) of the Automobile Management Act

1. Commercial concurrence: Articles 40 and 50 (Defendant A) of the Criminal Act;

1. Selection of penalty:

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