여객자동차운수사업법위반
The judgment of the court below is reversed.
The sentence of each sentence against the Defendants shall be suspended.
1. The summary of the grounds of appeal is erroneous in the misapprehension of legal principles or by misapprehending the legal principles as to each of the facts charged in this case, although the Defendants merely arranged a travel agency for a motor vehicle rental contract, and did not conclude each of the instant rental contracts on behalf of the rental agency, which affected the conclusion of the judgment.
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 Defendants’ criminal facts and applicable provisions as follows, in the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below was no longer maintained.
1) Criminal facts A) Defendant C is the person who is primarily 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 failed to comply with the reported rental terms and conditions three times from that time until November 15, 2010, such as the list of crimes (1) in attached Form 1.
Preliminaryly, the Defendant 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 Q Q for 48 hours with respect to the said company’s automobile rental business in collusion with the name-free employees of P, Co., Ltd. at the above tourr office located in the office of the above tourr office in Jeju-si around 205.