logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.10.02 2014노263
여객자동차운수사업법위반
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. The summary of the grounds for appeal (the main charges) is that the Defendant only arranged a car rental contract as a travel agency and did not conclude the instant rental contract on behalf of the rental company, and the judgment of the court below which found the Defendant guilty of the charges of this case is erroneous in the misapprehension of legal principles or erroneous in the misapprehension of legal principles.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor tried to examine the reasons for appeal ex officio, while maintaining the original facts charged against the defendant in the first instance prior to the remanding, as described in paragraph 3(a) below, and adding the ancillary facts charged as stated in paragraph 2(a) below to the same contents as stated in paragraph 3(a) below, the applicable provisions of this Act were applied for changes in the indictment with the purport of adding "Article 30 of the Criminal Act" to the primary applicable provisions. Since the subject of the judgment was changed by the court of first instance prior to the remand, the judgment of the court below cannot be maintained any more

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.

3. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. On April 201, 201, the Defendant entered into a contract with the E Office located in F2nd century, and with respect to the vehicle leasing business of the Ajunitene Co., Ltd., as a representative of the Ajunitian Co., Ltd., the Defendant: (a) entered into a contract to lend the Ajunitian car to G for 24 hours; (b) entered into a contract with the Ajunitian Co., Ltd., with the amount of KRW 59,000, not KRW 48,000, the terms and conditions of the lease reported by the Ajunitian Co., Ltd.; and (c) the Ajunitian Co., Ltd. did not comply with the terms and conditions of the lease.

B. 1 Relevant legal principles are sought for the judgment of the party.

arrow