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(영문) 창원지방법원 마산지원 2018.02.07 2017고단1300
업무방해등
Text

Defendant

A shall be punished by a fine of KRW 12 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the automatic non-registration automatic non-business under the trade name of “D”, Defendant B, “E”, “H”, “I” and “K”, and L is an employee of “M” (Representative N) engaging in automobile maintenance business.

1. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land,

Nevertheless, from early December 201 to May 31, 2016, Defendant A carried out a motor vehicle management business by using the trade name “D”, which is, without registering a motor vehicle management business, from Changwon-si P from Jun. 1, 2016 to Jun. 24, 201, to the competent authority from Jun. 1, 2016, to Feb. 24, 2017.

2. In order to modify the structure and devices of a motor vehicle interfering with the business, the owner of the motor vehicle shall file an application for approval with the Korea Transportation Safety Authority and obtain approval, and complete the inspection by issuing the “certificate of completion of structural change and devices alteration” (the name of “certificate of completion of structural change” from January 1, 2015 to “certificate of completion of structural change”; hereinafter “certificate of completion”) in accordance with the matters approved by the motor vehicle maintenance business entity. The owner of the motor vehicle shall submit the certificate of completion to the motor vehicle inspection office (the change from April 6, 2016 to the method in which the motor vehicle maintenance business entity, etc. inputs the contents of the tubes work, etc. into an electronic information processing system).

Defendant

A In fact, under the condition that Defendant B, F, H, J and Cargo 1 pay KRW 30,00 to KRW 36,000 as the fee per truck, Defendant A actually completed the work of structural change of the cargo vehicle in the D operation of Defendant A, but at the automobile maintenance business registered by Defendant B, etc., a completion certificate is issued as if the work of structural change was completed in accordance with the relevant laws and regulations.

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