여객자동차운수사업법위반
The judgment of the court below is reversed.
Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.
1. The summary of the grounds for appeal (the main facts charged) is that the Defendants only arranged a car rental contract as a travel agency and did not conclude each of the instant rental contracts on behalf of the rental company, and the judgment of the court below which found the Defendants guilty of each of the facts charged of this case is erroneous by mistake of facts or by misapprehending the legal principles
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination, and the prosecutor has served in the first instance prior to the remanding of the case, and the following third party is maintained around the Defendants’ original facts charged.
The facts charged are modified as described in paragraph 2-A, and the facts charged are as follows.
In addition to the contents as stated in the port, the applicable provisions of the law were applied for the modification of the indictment with the addition of "Article 30 of the Criminal Act" to the primary applicable provisions of the law, and since the court prior to the remand changed the object of adjudication by permitting it, the judgment of the court below was no longer maintained.
However, the defendants' assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
3. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants
A. Summary of the facts charged 1 Defendant C is a person engaged in travel agency business while managing N Co., Ltd.
On November 4, 2010, the Defendant entered into a contract to lend the said company’s automobile rental business for 48 hours in the capacity of the agent of P Co., Ltd., and entered into a contract to lend the said company’s automobile rental business at KRW 85,400,00, not for the rental fee reported by the said company. The said company did not comply with the terms and conditions of the above contract by leasing the said vehicle to Q pursuant to the terms and conditions of the contract.
In addition, the Defendant is from that time until November 15, 2010.