여객자동차운수사업법위반
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal, E, etc., the defendant's employee E, can find the defendant's violation of the Passenger Transport Service Act in relation to the defendant's business, the court below's judgment that acquitted the defendant of the facts
2. Determination:
A. The summary of the facts charged is that the defendant operated the agency company in the name of "D" in the Dong-gu, Dong-gu, Chungcheongnam-gu, the defendant's employees did not provide the non-commercial car for transport at a cost. However, at around 03:30 on November 12, 2013, E, an employee of the defendant, carried the car from the central apartment located in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, dong-gu, Dong-gu, Seoul to transport the passenger G to the front of the new apartment located in the same Dong-gu, Dong-gu, Dong-gu, dong-gu, Seoul, and provided the non-commercial car for transport at a cost by requesting KRW 600 in return, thereby committing a violation of the Passenger Transport Service Act.
B. The lower court found the Defendant not guilty of the facts charged in the instant case on the ground that there is no other evidence, in view of the witness E’s investigative agency and the testimony in this court, it appears that E was merely an act of acting on behalf of the Defendant, or a bareboat business, as an intermediary, and even according to all evidence submitted by the prosecutor, it is difficult to conclude that there was a relationship between the Defendant
C. The evidence of criminal facts in the 1st trial judgment of the party shall be presented by the prosecutor, and even if the defendant's appeal is unreasonable and the defendant's appeal is false, it shall not be disadvantageous to the defendant, and the proof of criminal facts shall require the judge to have a high probability to recognize it to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to this extent, it is doubtful that the defendant is guilty even if there is no evidence to establish it.
(b)if any;