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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The owner or user of a private-use truck shall not provide or lease such private-use truck commercially for transport purposes.
Nevertheless, at around 13:10 on February 22, 2019, the Defendant, from Jongno-gu Seoul Jongno apartment complex to C apartment located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, a private truck owned by the Defendant, transported E's religious rites using D's private truck, and received KRW 1.4 million in return.
Accordingly, the defendant provided a private-use truck for transportation purposes at a cost.
Summary of Evidence
1. Defendant's legal statement;
1. Application of detection report (Violation of the Trucking Transport Business Act), motor vehicle registration certificate, on-site photographs, and text of transfer confirmation;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the Defendant’s age, criminal records, character and conduct, environment, motive and consequence of the crime, and other circumstances constituting the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, shall be equally considered and determined as ordered.