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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who conducts a motor vehicle management business with the trade name "E" in the Seongdong-gu Seoul Metropolitan Government Maintenance Factory.
An automobile management businessman shall not lease or have another person occupy and use all or part of the business place.
Nevertheless, from January 30, 2013 to January 30, 2015, the Defendant leased the first floor (273.08 square meters) of the building in question to F under the condition that deposit of KRW 100 million and monthly rent of KRW 6.5 million, and from June 30, 2014 to February 24, 2015, the Defendant leased the fourth floor (23.03 square meters) of the building in question to G under the condition that deposit of KRW 10 million and KRW 3 million are paid from December 1, 2014 to February 24, 2015, and from February 30, 2014 to February 1, 2015, the Defendant leased the building in question to H under the condition that deposit of KRW 10 million and KRW 3 million are paid to H. 1 million.
Accordingly, the defendant, as an automobile management businessman, leased part of the workplace to others.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);
1. A protocol concerning the examination of each police suspect with respect to F, H and G;
1. A certificate for all matters to be registered (land and buildings);
1. Investigation report (to analyze communications data, to determine whether to register automobile maintenance business, and to the nominal owner of the registration certificate);
1. Application of Acts and subordinate statutes to report internal investigation (the attachment of a report by a witness himself/herself, and a subcontractor);
1. As to the facts constituting an offense, pertinent legal provisions and Articles 80 subparag. 5 and 57 subparag. 2 of the former Automobile Management Act (wholly amended by Act No. 13486, Aug. 11, 2015) of the same Act (wholly amended by Act No. 13486, Aug. 11, 2015) on each of the following grounds: (a) Defendant and his/her defense counsel acknowledged the facts constituting an offense; (b) but, inasmuch as the persons indicated as a lessee are the partners of the Defendant or the employees
However, according to the above evidences, the above persons have leased part of the place of business of the Co., Ltd. to the defendant and run the automobile maintenance business separately from the business of the Co., Ltd.