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(영문) 서울중앙지방법원 2013.10.30 2013노2990
화물자동차운수사업법위반
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. misunderstanding of the gist of the grounds for appeal or misunderstanding of the legal principles (the defendant's improper transportation of cargo as a monthly trucking business operator and operated a joint transport business and operated a joint transport business and did not operate a freight forwarding business without permission, and did not operate a freight forwarding business without permission). The judgment of this court on February 2.

(a) Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won in relation to his/her assertion of mistake, such as misconception of facts:

2. A person who runs a freight forwarding business without a permit under Article 24 (1) or with a permit obtained by fraudulent or other illegal means;

(i) A person who intends to operate a freight forwarding business shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

(3) Types of freight forwarding businesses under paragraph (1) shall be prescribed by Presidential Decree.

Article 2 (Definitions)

3. The term "trucking transport business" means a business that engages in the commercial transport of cargo by using trucks in compliance with requests from other persons;

4. The term "motor-freight forwarding business" means a business that acts as a broker or an agent for a fee in compliance with requests from any third person, or a business that transports cargo under its name and on its own account using a trucking transport means of transport from a person who runs a trucking transport business

The types of freight forwarding businesses under Article 9 (Types of Freight Forwarding Businesses) (3) of the Enforcement Decree of the same Act shall be as follows:

1. Transportation brokerage business for moving-in cargo: A brokerage business for handling (including incidental services, such as packing and keeping) moving cargo;

2. General cargo forwarding services: Cargo other than directors' cargo.

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