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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who operates a director company.

On July 25, 2012, at around 14:20 on July 25, 2012, from Pyeongtaek-si apartment to Pyeongtaek-si apartment to KRW 800,000,000, the transportation of cargo from Pyeongtaek-si apartment to Pyeongtaek-si D apartment, and the transportation of cargo by using the commercial truck, despite the fact that the transportation of the cargo should be done by using the commercial truck, the transportation of the cargo for private use by transporting the cargo using the cargo vehicle for the F4.5 tons.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 5 and 56 of the Trucking Transport Business Act that choose a penalty, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Whether the defendant has committed a commercial transport on a private-use cargo lane;

A. When concluding a contract with a customer on a claim with a director, only the cost such as personnel expenses was set as director expenses, and since the cost of using the instant private-use truck was not set at the price, the private-use truck was not provided as profit-making cargo transport.

B. According to the records of this case, the packing director accounts for the main part of the transportation along with the business of packing, storage, posting, cleaning, etc., and the customer who requested the packing director does not bear a separate transportation cost.

According to the above facts and circumstances, it is reasonable to view that the whole price for packing directors that the defendant received was included in the user fee for private-use trucking transport, and therefore, the above assertion by the defendant and the defense counsel is not acceptable.

2. Whether the person is a business offender;

A. The Defendant’s alleged crime of this case is a business crime, which is already prosecuted by the Defendant with a single comprehensive crime relation.