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(영문) 울산지방법원 2016.02.04 2015고정1214
화물자동차운수사업법위반
Text

The defendant shall be innocent.

Reasons

1. A person who intends to operate a truck transportation brokerage business, regardless of the summary of the facts charged, is required to obtain permission from the Minister of Construction and Transportation as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the defendant is not required to obtain permission from the competent authority;

Nevertheless, the Defendant is going to arrange for the Defendant to preferentially transport cement raw material transport by using the power of transporting cement raw material transport from Ulsan-gun, Inc. F (hereinafter “F”) located in Ulsan-gun, Inc. (hereinafter “F”).

In addition, the shipping contract was promised to arrange the shipping contract.

On July 24, 2012, the Defendant, located in Ulsan-gu G Building on July 24, 2012, sold the ITrack in the law firm H office to E, received an additional payment of KRW 30,000,000,000 in terms of physical distribution fare along with the vehicle price. From that time until May 2013, the Defendant arranged a cargo transport contract of approximately KRW 18,85,658 in total of cement raw materials between E and F. from that time to May 2013.

2. The facts charged of the instant case are that the Defendant arranged a freight transport contract between E and F without obtaining permission for trucking transport arrangement business, which is premised on the conclusion of a freight transport contract between E and F, and that the Defendant arranged a freight transport contract between E and F.

However, according to the evidence duly admitted and examined, it can be acknowledged that the Defendant received the quantity from F and delivered the tax invoice to F, that E received the quantity from the Defendant and delivered the tax invoice to the Defendant, that E received and delivered the tax invoice to the Defendant, and that E received the quantity from the Defendant from July 2012 to May 31, 2013 and did not receive the direct quantity from F. Accordingly, according to these factual relations, it is concluded between F and the Defendant in a situation in which the transportation contract was concluded between F and the Defendant during the above period.

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