A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person who rents a commercial motor vehicle of a motor vehicle rental business operator shall use it for transport with compensation or sublet it to any third person.

Nevertheless, on September 29, 2016, the Defendant leased Brando HG car from SK Ba, and used it on January 19, 2017, the Defendant transported one male guest from his name to his name in the same Dong in Gangnam-gu, Seoul, to his name, and received KRW 10,000,00 for the transportation of the said vehicle for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes of automobile rental agreement;

1. Relevant legal provisions and Articles 90 and 6-2, and 34 (1) of the Passenger Transport Service Act concerning facts constituting an offense, the selection of punishment for imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as follows) recognizes the criminal facts of this case, and the profits earned by the defendant of this case are excessive to KRW 10,000,000, which is significant in itself of this case.

It is difficult for the defendant to do another work, such as the fact that the defendant is now coming from the Jeonju City and is seen to be engaged in the beauty art business, etc., in favor of the defendant.

However, in the instant case, the Defendant’s violation of the provisions on prohibition of commercial transport as provided by the Passenger Transport Service Act, and the content of the crime in violation of the same Act in order to secure the order of transport service.

On May 25, 2016, even though the defendant was punished by a fine of KRW 2 million due to a violation of the Passenger Transport Service Act at the Seoul Central District Court on May 25, 2016, and the previous District Court on March 31, 2017, again committed a crime of KRW 3 million, which is disadvantageous to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.