물류시설의개발및운영에관한법률위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of the facts or misunderstanding of the legal principles) G used by the defendant as a selective distribution unit does not constitute a logistics warehouse because the defendant is not equipped with storage facilities.
In addition, the cargo storage business is operated because it is used only as a place for loading and unloading depending on the needs of the owner in the course of carrying out the alternative shipping business, not for storing cargo in the cargo storage for consideration according to the demand of the owner of the goods.
shall not be deemed to exist.
Nevertheless, the lower court erred by misapprehending the legal doctrine regarding logistics warehouses and logistics warehousing business as prescribed by the Act on the Development and Operation of Logistics Facilities (hereinafter “Distribution Facilities Act”) or by misapprehending the facts charged, thereby convicting the Defendant of the facts charged in this case.
2. Determination
A. The summary of the facts charged is as follows: (a) A is the head of the Defendant’s branch D branch office, who is responsible for G in Gui City E and F; and (b) the Defendant is a corporation established mainly for bus passenger transportation business, freight terminal business, warehouse business, etc.
Any person who intends to operate a logistics warehouse business by owning or leasing a logistics warehouse of a storage facility, the total floor area of which is not less than 1,000 square meters, shall register with the Minister of Construction and Transportation of the national land and the Minister of Oceans and Fisheries or the Minister of Oceans and Fisheries, as prescribed by
Nevertheless, from October 1, 2015 to April 5, 2016, A leased three warehouse facilities of Kuri-si, E and F, and used the total of 1,796.12 square meters (hereinafter “instant warehouse facilities”) as a distribution warehouse business, and did not register as a distribution warehouse business, and the Defendant had A operate the distribution warehouse business without registering the distribution warehouse business with respect to the Defendant’s business.
B. In light of the definition of logistics warehouse business as prescribed by the Distribution Facilities Act, the legislative intent of the Distribution Facilities Act, etc., the lower court’s judgment is reasonable even if the cargo is temporarily stored in the course of door-to-door sales business.