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(영문) 대구지방법원 2013.05.24 2013고단1961
화물자동차운수사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who runs a package business under the trade name of “C”.

1. On January 12, 2013, at the 09:05, the Defendant: (a) transported and stored, from the 2nd Seo-gu, Daegu-gu D-2, a private-use cargo vehicle, Epoter cargo vehicles, and FM cargo vehicles to the nearby warehouse, the Defendant made a profit equivalent to KRW 1.250,000,00 on condition that he will transport until the 23th of the same month.

2. On February 15, 2013, at around 13:00, the Defendant: (a) 102-No. 1102-No. 1102-No. 502-No. 1408-No. 502-No. 1 of the former I building, packing and transporting foreign articles requested by J using the FF truck, a private truck; and (b) made profits equivalent to KRW 1.5 million.

As above, the Defendant provided a private-use truck for cargo transport with no permission from the Mayor/Do Governor.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on detection of violators in violation of the Trucking Transport Business Act, report on detection of violations of the Trucking Transport Business Act, investigation report (in respect of inquiry of vehicles), and investigation report (Listening to the G telephone statement of witnesses);

1. Automobile registration certificate and each business registration certificate;

1. The Defendant asserts that the Defendant’s assertion of each on-site photograph Defendant did not receive cargo transport charges when concluding a package director agreement with G, and that the freight transport charges did not constitute a crime since he was under control and transported to another truck.

Then, it can be acknowledged that the defendant entered into a packing director agreement with G with the amount of KRW 1.25 million, and that the defendant was exposed to the police officer who called out after being under control while carrying the article of G in the E-Poter and F-T cargo vehicle on January 12, 2013. Thus, the above vehicles were provided for transportation of cargo. ② Meanwhile, Article 67 subparagraph 5 and Article 56 of the Trucking Transport Business Act apply to the provision of private-use trucks for transportation of cargo at a cost, and the provision of the cargo for transportation of cargo is applied to the director's service.

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