여객자동차운수사업법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is that the judgment of the court below which found the defendant guilty of each of the facts charged of this case by misunderstanding the facts or misapprehending the legal principles, even though the travel agency only arranged a car rental contract and did not have concluded each of the instant rental contracts on behalf of the rental company.
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 defendant's criminal facts and applicable provisions of Acts as follows, in the trial of the court, and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below was no longer maintained.
1. Criminal facts, the Defendant is a person who is engaged in a travel agency business in operating Qua.
On October 9, 2008, the Defendant entered into a contract to lend the said company’s automobile rental business to S for 11 hours at the office of the said travel company located in R, as an agent for the said company, with respect to the said company’s automobile rental business, and entered into a contract to KRW 42,400,000, not for the rental agreement reported by the said company, and the said company did not comply with the said contract by lending the said vehicle to S in accordance with the terms and conditions of the said contract.
From that time to April 22, 2010, the Defendant, including this, failed to comply with the rental terms and conditions reported in the same way 10 times as shown in the attached list of crimes.
Preliminaryly, the Defendant is a person who is engaged in travel agency business while operating Qlebling events.
The defendant, around October 9, 2008, entered into a contract to lend a vehicle to S for 11 hours at the above travel agency office located in R on October 9, 2008, in collusion with employees with respect to the name of Jeju rental car company.