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(영문) 서울중앙지방법원 2014.05.16 2014고정1085
여객자동차운수사업법위반
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 12, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Western District Court for fraud, etc. and the said judgment became final and conclusive on April 8, 2014.

Despite the fact that a person who rents a commercial motor vehicle of a rent-a-car business operator is not using it for transport with compensation or sublet it to another person, the defendant leased a commercial motor vehicle of a rent-a-car business operator with B and used it for transport with compensation and divided

On August 13, 2012, the Defendant leased a car by Crenk Co., Ltd. on August 13, 2012, and around 08:00 on December 14, 2012, the Defendant used the car leased from the rent-a-car operator to the transport of the car leased by B for transport from November 1 of the same year, including: (a) the Defendant: (b) from the front day of the Boston Station located in the Seoul Gangnam-gu Station; (c) from the front day of the Boston Station located in the same Gu-dong; and (d) the freight of KRW 10,000 from the first day to the said temporary day.

Accordingly, the Defendant conspired with the car rental business entity B to use commercial cars for transport with compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes on vehicle lease contracts;

1. Article 92 subparagraph 11 of the Passenger Transport Service Act, Article 34 (1) and Article 30 of the Criminal Act, comprehensively including the relevant Article on criminal facts and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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