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(영문) 인천지방법원 2019.06.28 2019고정1138
여객자동차운수사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who rents a commercial motor vehicle of a rent-a-car business entity shall not use the motor vehicle for transport with compensation. However, on May 15, 2018, the Defendant, using Bone Star motor vehicle leased from a rent-a-car business entity, was transferred KRW 50,000 on the same day to the national bank account (Account Number: E) in his/her own name from March 6, 2018 to May 15, 2018 in return for transporting a foreign customer on his/her own name in Jung-gu Incheon International Airport located in Jung-gu, Seoul, Jung-gu, Incheon, which is a destination destination, from around May 15, 2018 to around 75 times in total from around March 6, 2018 to May 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (investigation of materials proving a suspect's suspicion of commercial transport), investigation report (investigation of a suspect and calculation of business activities for commercial transport);

1. Contact contact details (Attachment 2), G dialogue details (Attachment 3), copies of the statement of settlement of suspect's preparation, and application of statutes of the attached Table 4, 5;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 90 subparagraph 6-2 and 34 (1) of the Passenger Transport Service Act that choose punishment (generality and choice of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

The defendant does not seem to have violated the law in bad faith.

In full view of the period and scale of the act of commercial transport in this case, the actual profit that the defendant seems to have acquired, the age of the defendant, the state of environmental health, the motive means of the crime, the results of the crime, the circumstances after the crime, etc., and all the conditions of the arguments and the records

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