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(영문) 서울북부지방법원 2017.12.21 2017고단1892
화물자동차운수사업법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 1892] - A- Any person who intends to operate a trucking transport business shall obtain permission from the Minister of Construction and Transportation as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

The Defendant, using the two cargo vehicles of five ton from the Seoul Central Franc-gu C1 to the two cargo vehicles of five ton, and one ton cargo vehicle, operated the LAD, which is a shipping company, and revoked the permission for trucking transport arrangement business around September 7, 2016.

Nevertheless, around September 10, 2016, the Defendant entered into a freight transport contract with the head of the above E at the request of the above E at the above place of business and with the transport of the director of the E as Cheongdodong, and then, the Defendant operated the truck transport brokerage business by transporting the above director's animals using the truck of the truck transport chain, and operated the truck transport brokerage business from around that time to March 31, 2017 without obtaining permission as shown in the list of crimes in the attached Table from around that time.

[2017 High Order 4315] Defendant A, as the representative director of Plaintiff D, obtained permission for trucking transport business by pretending to pay capital of KRW 100 million, and on January 22, 2015, Defendant A, upon receiving a claim for summary order with the Seoul Northern District Court for a violation of the Cargo Transport Business Act, anticipated the cancellation of the said permission, and had the intent to continue the trucking transport business with the permission for trucking transport business under Defendant B’s name.

Accordingly, around June 2015, Defendant A proposed that Defendant B, a D employee of the above corporation, “the person who registered the business in four names, the person who registered the business, and the permission should be revoked immediately,” and the above Defendant B consented thereto.

Defendant

B around January 2016, Defendant A issued documents, such as a certificate of his/her personal seal impression, necessary for the establishment of G corporation and the application for permission for cargo transport brokerage business, to Defendant A, and delivered an account (company bank and H) necessary for the certification of capital payment to Defendant A. Defendant A via I. The Defendant Company G was at the Gyeonggi-si level.

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