Nevertheless, at around 17:05 on April 27, 2013, the Defendant operated passenger transport business without a license by operating approximately 15 kilometers in front of the hotel located in the Busan Jin-dong, Busan, on a vehicle owned by the Defendant, with three foreign tourists whose identity cannot be known due to an act of calling in front of the office building located in the office building of the International Airport located in the Gangseo-gu, Busan, and Kimhae-dong.

2. Article 90 subparag. 1 of the Passenger Transport Service Act (hereinafter “the Act”) provides that an act of running a passenger transport business without obtaining a license under Article 4(1) of the same Act shall be punished. Article 2 subparag. 3 of the Act defines “passenger transport business” as “business of transporting passengers for consideration by using a motor vehicle in response to another person’s demand.” In this context, “oil transport” refers to “an act of receiving and transporting passengers for consideration, including expenses necessary for the operation of a motor vehicle,” and “an act of transporting passengers by receiving and receiving money in compensation relation with the transport business including expenses necessary for the operation of a motor vehicle,” and “an act of transporting passengers” in light of Article 81(1) of the Act providing for “the prior meaning (which refers to compensation for any act)” and “Prohibition against commercial transport by a private car”. Thus, in order to be punished under Article 90 subparag. 1 of the Act, the Defendant’s act must prove that he received transport charges in return for the passenger transport business.

However, the defendant is consistent from the police to the court of law, and three foreign tourists who met at the port of Ginhae, among the above facts charged, are on the vehicle of the defendant.