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.

Nevertheless, at around 15:00 on February 3, 2017, the Defendant used 40,000 won for transport of the said vehicle at a total of four times from the above date to February 5, 2017, from the day before Gangdong-gu Seoul Metropolitan City, to the front road of the fluence in the Gyeonggi-si, by using Dracker car, which was leased from Drackter to the front road of the fluence in the Gyeonggi-si, Gwangju-si, and received 40,000 won for passengers, and used the said vehicle as indicated in the list of crimes.

Accordingly, the Defendant, who leased a commercial automobile of a car rental business operator, used it for transport with compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report (1), (2), (3) and (4) on violation of the Seoul Metropolitan Government Passenger Transport Business Act;

1. Each accusation;

1. Inspection of a long-term lease contract and the motor vehicle registration ledger (A);

1. (Application of Acts and subordinate statutes on CDs)

1. Relevant legal provisions and Articles 90 and 6-2 of the Passenger Transport Service Act, and Article 34 (1) of the same Act, inclusive (see, e.g., Supreme Court Decision 2013Do5370, Sept. 27, 2013) regarding criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the absence of criminal records over the suspension of execution or more);