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(영문) 서울중앙지방법원 2017.01.11 2016고정3727
여객자동차운수사업법위반
Text

Defendant

A A shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 1 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a director of “Co., Ltd. B” and a person in charge of vehicle rental management.

On January 28, 2015, the Defendant entered into a business contract with a travel agent, a travel agent, and agreed to lend a vehicle necessary for domestic transportation of Japanese tourists, who had been invited by “Stwitbin Co., Ltd., Ltd.,” and to receive monthly payments.

Although a motor vehicle rental business operator is prohibited from transporting or arranging passengers by using a commercial motor vehicle in response to the demand from another person, the Defendant leased the C Cost Star motor vehicle to “Sky Star Co., Ltd.,” and let D (the remaining, 67 years of age) who is an employee of his/her company, employees of his/her company, around 15:50 on March 8, 2016, to have three Japanese tourists aboard the road of Gangseo-gu Seoul Metropolitan Government 38 “Seoul Mapo International Airport,” and to transport the unregistered distance to the third floor parking lot on the ground of the “Skyle department department” of Seoul, Jung-gu, Seoul.

2. Defendant B Co., Ltd., at the same time and place as above, leased a commercial motor vehicle to the Defendant and used it for transport with compensation as above in relation to the Defendant’s business.

Summary of Evidence

1. Reporting on detection;

1. Each statement (E, D);

1. A copy of a contract for vehicle business;

1. Photographs of and control over the direction for an event;

1. Application of statutes governing certified copies of corporate registers;

1. Defendant A who is subject to the pertinent legal provisions and sentence regarding criminal facts: Articles 90 subparag. 7 and 34 subparag. 3 of the Passenger Transport Service Act; Defendant B who is selected as a fine: Articles 93, 90 subparag. 7, and 34 subparag. 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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