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(영문) 부산지방법원 2016.12.22 2016고단5754
여객자동차운수사업법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2016, Defendant A was sentenced to two years of suspension of the execution of imprisonment at the Busan District Court on June 21, 2016, and the said judgment became final and conclusive on November 26, 2016, and is the representative director of B corporation operating passenger transport business at the Busan District District Court.

No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to operate passenger transport business with or without compensation by using all or some of the commercial automobiles.

Nevertheless, on August 2012, the Defendant received 700,000 won per month from E, which is not a transport business operator, and from that to February 2016, the Defendant had E operate passenger transport business using treatment BX2124 passenger bus (F), a business vehicle of the said company, from October 2010 to April 7, 2016, and had 13 persons, other than transport business operators, operate passenger transport business with compensation, as listed in the annexed crime list.

2. Defendant B was a corporation with the purpose of passenger transport business, and the above A, the representative of the Defendant, committed a violation regarding the Defendant’s business as above.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police suspect examination report on E, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Statement of the police statement of S;

1. Each report on internal investigation (No. 3, 6, 11);

1. Previous convictions: Criminal records and the application of Acts and subordinate statutes;

1. Article 90 subparagraph 3 of Article 90 of the Passenger Transport Service Act, and Article 12 (1) of the same Act, and Article 93 and subparagraph 3 of Article 90 of the Passenger Transport Service Act, and Article 12 (1) of the same Act;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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