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(영문) 서울중앙지방법원 2017.05.24 2017고정543
여객자동차운수사업법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B, who exercises overall control over the above business.

On March 1, 2016, the Defendant concluded a business contract with C, a travel agent, and agreed to lend vehicles necessary for domestic transportation of tourists confined by C, a corporation, and to receive monthly payments.

Although a car rental business operator is prohibited from transporting or arranging passengers by using a commercial motor vehicle in response to the demand from others, the defendant leased D Cost Star motor vehicle to C, which is an employee of his company, to E, who is an employee of his company, on March 16, 2016. 16:20, the defendant lent D Cost Star motor vehicle to C, and let 5 Japanese tourists, in front of Incheon International Airport, at the airport of Jung-gu Incheon, Jung-gu, Incheon, Incheon, 271, have five foreign tourists, on the road of the 271 Incheon International Airport, and transported the distance to the 249

2. Defendant B, a representative director, lent a commercial motor vehicle to Defendant A for compensation, as described in paragraph (1) concerning the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement of F and E;

1. Travel schedule and photographs of commercial transport vehicles;

1. Application of statutes on a copy of business contract and a copy of business registration certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 90 subparagraph 7 of the Passenger Transport Service Act and Article 34 (3) (excluding punishment) of the same Act;

(b) Defendant B: Articles 93, 90 and 34 (3) of the Passenger Transport Service Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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