Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant is a person who engages in trucking transport arrangement business under the trade name “D” in Jeju City.

No owner or user of a private-use truck shall provide or lease his/her private-use truck for transport of cargo at a cost (including expenses necessary for the operation of the truck).

Nevertheless, at around 14:00 on May 17, 2016, the Defendant transported the packaging of G with Frano 4.5 tons, a private truck in Jeju, and provided it for transportation for compensation by receiving KRW 8.50,000 from transportation charges, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A statement prepared by H;

1. Relevant photographs;

1. Automobile registration certificate;

1. Application of the written estimate statutes;

1. Article 67 subparagraph 7 of the Trucking Transport Business Act and Article 56 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant provided the private-use truck for the transportation of cargo, because he received only personnel expenses while transporting the instant article, and did not receive the transportation expenses for the vehicle.

shall not be deemed to exist.

2. According to a written estimate, etc. for determination, the Defendant appears to have received only personnel expenses while transporting the article of his/her customer, and the vehicle transport cost is deemed not to have been collected separately.

However, according to the evidence adopted and examined by the court, the defendant was not separately paid for the use of the automobile by the customer in the transport of the article in this case, which is essential to move the article using the automobile.

It is not allowed to use a private truck in the business of carrying money in return for the transportation of animals or plants.

It is reasonable to view it.

The defendant shall carry animals or things, including the provision of vehicles from customers.