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(영문) 청주지방법원 2013.10.29 2013고단843
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the Secretary General of C, who is an incorporated association, and D is the owner of E-C-C-C-C-Wing Motor Vehicle.

Even if the representative of the organization from D around February 2012 to December 2012 does not violate the prohibited acts under the Passenger Transport Service Act even if he/she provides a private motor vehicle owned by the organization to the members of the organization for commercial transport, D transferred 10% of the above share of D to C formally incorporated association, in return for the above share of D to the members of the organization or their children, and the Defendant offered the above share of D to receive 100,000 won per month from D to receive 10,000 won per month. Accordingly, D used the above share of D from March 4, 2012 to December 2012 from March 4, 2012 to December 1, 2012 from October 1, 2000 to October 4, 2000 and received KRW 15 from C or his/her children, or from October 1, 200 to October 4, 200 and to receive KRW 10,000 per student or children.

Accordingly, the Defendant conspired with D and provided cars other than commercial automobiles for transportation with compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on a copy of an automobile registration certificate, photograph, automobile register, labor contract, full certification of registered matters, business registration certificate, articles of association, income payment record

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 subparagraph 8 and 81 (1) of the Passenger Transport Service Act that choose punishment, Article 30 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has no criminal record of the same kind, and the defendant has himself.

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