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(영문) 서울중앙지방법원 2014.01.16 2013고단6351
화물자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

When it is intended to operate a cargo transport brokerage business, the Minister of Land, Infrastructure and Transport shall obtain a permit for a cargo transport brokerage business from the Minister of Land, Infrastructure and Transport.

Nevertheless, the Defendant did not obtain the above permission and arranged freight transport from May 2005 to the trucking business operator who owns a truck for business, such as Damna and Ra, using the cargo network allocation program (rogate), with a charge of 20% of the total fare.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for investigation;

1. Guidance on the results of guidance and inspection;

1. Application of Acts and subordinate statutes to report investigation results;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 67 subparagraph 2 and 24 (1) of the Trucking Transport Business Act and selection of fines;

1. Circumstances unfavorable to the sentencing of Articles 70 and 69(2) of the Criminal Act: The circumstances that the Defendant, without permission, has committed a crime leading to the transportation of cargo for a relatively long period of time, are more favorable than that of the Defendant: (a) the Defendant does not repeat the crime; (b) the Defendant has any record of criminal punishment other than that of a fine of 500,000 won due to the violation of the Labor Standards Act; and (c) the Defendant has no record of criminal punishment other than that of a fine of 500,000 won; and (d) the sentence shall be determined and sentenced as ordered in consideration of all the sentencing factors appearing in the records of the instant case, including the Defendant’s age

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