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(영문) 서울중앙지방법원 2017.10.13 2017고정2265
여객자동차운수사업법위반
Text

Defendant

A A shall be punished by a fine of KRW 700,000,000,000,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From November 20, 2016 to December 21, 201 of the same month, Defendant A: (a) transported customers using a passenger car more than three times in total, as shown in the list of crimes in attached Table 12; (b) received a total of 33,00 won in return; and (c) provided customers whose name is not known to the destination with one to 50,000 won in return; and (d) provided a non-commercial motor vehicle for commercial transport by obtaining one to 1 to 50,000 won in return.

2. From November 28, 2016 to April 15, 2017, Defendant B: (a) transported customers using a passenger car in black K7 car and a F-authorized-type car on a total of 12 occasions, as shown in the attached Table of Crimes (2), and (b) received a total of KRW 372,000 in compensation, and provided them with a car for non-business use, upon receipt of KRW 1 to 50,000 in compensation, to the destination; and (c) received a delivery of KRW 1 to 1 to 50,000 in compensation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of a police officer in relation to G, H, I, J, K, L, M, or N;

1. Application of each investigation report, each seizure protocol, and each seizure list statute;

1. The Defendants: pertinent legal provisions on criminal facts and the choice of punishment: Each of the Defendants shall be subject to punishment under Article 90 Subparag. 8 and Article 81(1) of the Passenger Transport Service Act; and each of the choice of fines (the Defendant A does not have the same criminal records; the frequency of crimes and the profit from crimes are relatively minor; Defendant B has the same criminal records)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the 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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