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(영문) 서울북부지방법원 2016.10.13 2016노900
화물자동차운수사업법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. In full view of the summary of the grounds for appeal, site photographs, and the legislative intent of the penal provision of the Trucking Transport Business Act, the court below acquitted the defendant of the facts charged in this case, although it can be recognized that the defendant provided a private-use truck for a cost as stated in the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

2. The Defendant is a user of C private-use Poter II 1 ton truck.

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

Nevertheless, at around 11:15 on November 21, 2014, the Defendant loaded the said truck, laundry and television, transported the said truck to the front of 1303 dong-dong, Jung-gu, Seoul, and received KRW 30,000 at its transportation cost.

Accordingly, the defendant provided a private-use truck for transportation purposes at a cost.

3. In light of the following facts and circumstances, the lower court rendered a not guilty verdict on the facts charged of this case on the grounds that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant provided the truck for a fee as stated in the facts charged, and that there is no other evidence to acknowledge this otherwise.

On February 1, 2014, Gangwondong Branch Co., Ltd. entered into an entrustment contract for the installation and follow-up management of household appliances, which are the business of Gangnamdong branch Co., Ltd., and accordingly, paid to E only charges for installation services in accordance with the unit price schedule attached to the above contract, for each household appliances delivered by E.

(b) E.

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