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(영문) 대전지방법원 2014.01.03 2013고정1707
화물자동차운수사업법위반
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. From February 1, 2013 to February 27, 2013, Defendant A received transportation expenses of KRW 21 million when collecting, transporting, and disposing of recycled products from the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, B, Dong, Do-dong, Do-Ma1, 2 Dong-dong, and Dong-dong, and operated trucking transport business without obtaining permission by using ten trucks in total of 10 vehicles.

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) operated a trucking transport business without obtaining permission as described in paragraph (1), as the actual operator, Defendant A, who is a trucking transport business.

2. According to the record, the following facts are acknowledged: (a) the Defendant Company was operating a waste collection and transportation business after obtaining a license from the Ngu Office of Daejeon Metropolitan City under the Wastes Control Act on October 4, 2005; and (b) the Defendant Company was entrusted with the collection, transportation, and disposal of recycled products from the Ogu Office of Daejeon Metropolitan City on January 31, 2013 in a total of KRW 4,270,218,880 (the period from February 1, 2013 to December 31, 2015) jointly with the Kgu Office of Daejeon Metropolitan City (the period from February 1, 2013 to December 31, 2015). (c) The Defendant Company obtained a waste collection and transportation certificate from the Ngu Office of Daejeon Metropolitan City under the Wastes Control Act for each truck listed in the facts charged for the Defendant Company’s own use and attached the waste collection and transportation products using it.

The prosecutor separated the part of the defendant company's business of collecting, transporting, and disposing of recyclables, and prosecuted the defendant company for violating Article 3 (1) of the Trucking Transport Business Act by operating the trucking transport business without permission.

Article 2 subparagraph 2 of the Trucking Transport Business Act refers to "trucking transport business".

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