여객자동차운수사업법위반
The judgment of the court below is reversed.
Defendant
F shall be punished by fine of 200,000 won.
Defendant
F does not pay the above fine.
1. The summary of the grounds of appeal is erroneous in the misapprehension of legal principles or by misapprehending the legal principles as to each of the facts charged in this case, although the Defendants merely arranged a travel agency for a motor vehicle rental contract, and did not conclude each of the instant rental contracts on behalf of the rental agency, which affected the conclusion of the judgment.
2. Determination
A. Before the judgment on the grounds for appeal ex officio, the Prosecutor applied for changes in the indictment with respect to the Defendants’ criminal facts and applicable provisions as follows, in the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below was no longer maintained.
1) Criminal facts A) Defendant A, around the other hand, the Defendant is a person who was engaged in travel agency business while operating KK.
On November 4, 2010, the Defendant entered into a contract to lend NK5 automobiles to M for 44 hours at the above travel agency office in Jeju LAS No. 205 at the above travel agency office in accordance with the LAS 205 at Jeju, with the qualification of an agent for Jeju LAS., and entered into a contract to lend the said NK5 automobiles to M for 44 hours. The Defendant entered into a contract to KRW 105,000,000, not for the rental terms and conditions reported by Jeju TPing, and the Jeju TPing Co., Ltd. lent the said automobiles to M in accordance with the terms and conditions of the above contract and did not implement the reported rental terms and conditions.
Preliminaryly, the defendant is a person who has been engaged in travel agency business while operating K.
On November 12, 2010, the Defendant: (a) conspired with the above travel agencies office located in Jeju Lbuilding No. 205 at Jeju Island No. 205 on November 20, 2010, entered into a contract to lend N5 KK for 44 hours to M with respect to the car rental business of the said Jeju Haaking Co., Ltd.; (b) entered into a contract to lend N5 automobiles to M for 150 hours; and (c) entered into the rental agreement reported by Jeju Haaking.