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(영문) 수원지방법원 2018.02.14 2018고정39
화물자동차운수사업법위반
Text

Co., Ltd. shall be punished by a fine of KRW 5,00,000, Defendant A shall be punished by a fine of KRW 3,000,000, Defendant B shall be punished by a fine of KRW 2,00,00.

Reasons

Punishment of the crime

Defendant

A is the owner of D-private truck, and Defendant B is the owner of E-private truck, and F is the owner of G-private truck, and Defendant C is the company that employs Defendant A, Defendant B, and F.

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

1. From December 2014 to September 7, 2017, Defendant A, at C Co., Ltd. with the wife population H, which is located in G, G, G, and J convenience stores in Seoul, the goods supplied as the daily unit I and J convenience stores in the south of the Gyeonggi-do, and transported B, after transporting B, Defendant A was 2,30,000 won per month from C, as transportation fees.

2. Defendant B, from June 2016 to September 7, 2017, performed transportation activities using E vehicles in the same manner as that of paragraph (1) and received KRW 2,100,000 per month as transportation fees.

3. Defendant C, an employee, committed the act as described in the above paragraphs 1 and 2 with respect to the Defendant’s business, and Defendant C, an employee, from August 22, 2017 to the same year by F.

9. By July 1, 200, a private-use truck was offered for cargo transport with compensation by receiving a monthly amount of 2.1 million won after carrying out an act of transport by using a private-use truck in the same manner as described in paragraph 1, as a transportation charge, from the day of July.

Summary of Evidence

1. The legal statement of the representative K of the defendant A, B, and C in each court

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement by L, M, or K;

1. Application of Acts and subordinate statutes governing the original register of motor vehicle registration, details of each account transaction, and receipts collecting each business income;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A and B: Article 67 Subparag. 7 and Article 56 (Selection of Penalty) of the Trucking Transport Business Act;

B. Defendant C: Articles 69, 67 subparag. 7, and 56 of the Trucking Transport Business Act;

1. Aggravated concurrent crimes are aggravated.

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