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Defendant
A shall be punished by a fine of KRW 500,000, and by a fine of KRW 1,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is an employee of B(State) who is a user of a private-use truck, and Defendant B is the owner of the private-use truck.
1. The owner or user of a private-use truck for defendant A shall not provide or lease such private-use truck commercially for transport of cargo;
Nevertheless, at around 11:50 on September 12, 2017, the Defendant: (a) received a request from Eart to transport cargo (goods) according to the cargo transport contract concluded between E and E (State) in Dongdaemun-gu Seoul, and received a request from E in accordance with the transport contract between E and E (State); and (b) received KRW 200,000 per month from B (State) from June 5, 2017 to September 12, 2017, including transport of cargo by using the said private cargo vehicle.
Accordingly, the defendant provided private-use trucks for cargo transport at a cost.
2. B (State G) The Defendant, at the same time and place as referred to in the preceding paragraph, committed the above violation in relation to the Defendant’s business, who is an employee of the Defendant, at the same time and place.
Summary of Evidence
1. The legal statement G of the defendant A and the representative of the defendant B
1. Two copies of a accusation, explanatory note, written confirmation, and one motor vehicle registration certificate;
1. Application of Acts and subordinate statutes to an investigation report (the verification of a B-State and E-art cargo transport contract, etc.);
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 67 Subparag. 7 and Article 56 of the Trucking Transport Business Act, and the selection of fines;
B. Defendant B: Article 69(1), Article 67 Subparag. 7, and Article 56 of the Trucking Transport Business Act; Selection of fines
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;