A. Although the Defendant alleged a mistake of facts or misapprehension of legal principles clearly state the purpose and form of the business as a cargo transport agent in the certified transcript of corporate register and carried out a cargo transport agent business, the lower court found the Defendant guilty by misapprehending the legal doctrine.

B. The lower court’s sentence of a fine of KRW 700,000 on the Defendant’s assertion of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly adopted and examined at the lower court’s finding of mistake or misapprehension of legal principles, the Defendant: (a) operated Kwikset service business with the trade name “C” on the 6th floor of Jongno-gu Seoul building; (b) entered the owner’s order from January 2, 2014 to June 30, 2014 through the above “C”; and (c) online cargo transport business-related program that connects each transport company or Kwikset service articles into the “personal data,” and shared the above order with the owner’s order; and (d) caused the owner of the vehicle to conduct freight transport using the same order by using the teas or boats; and (c) the Defendant acquired a certain amount of the freight ( approximately 15% to 23%) out of the transport charges that the owner received from the Minister of Land, Infrastructure and Transport as commission (amended by Act No. 2517, Feb. 27, 2014; hereinafter the same shall apply in this Act).

4. The term "motor-freight forwarding business" means a business that acts as a broker or an agent for a fee in compliance with a request from any third person, or a business that transports cargo in his/her name and on the account using a truck transportation means of transport from a person who runs a trucking transport business or franchise