A. The work performed by the misunderstanding of the legal principles at the time of the control by the Defendant is merely a string of the defective part of the vehicle's pans and the corresponding side, and it does not include the scope of the automobile maintenance business that requires registration under the Automobile Management Act.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. 1) The Defendant asserted the same purport as the grounds for appeal at the lower court’s judgment, and the lower court rejected the allegation in detail under the title “determination on the Defendant and the defense counsel’s assertion”.

2) Article 53(1) of the Automobile Management Act provides that a person who intends to operate a motor vehicle management business shall register with the competent authority.

Article 2 subparags. 6 and 8 of the same Part of the Motor Vehicle Maintenance Business Act provides that "the motor vehicle maintenance business is engaged in the business of inspecting, maintaining, or monitoring motor vehicles," and excludes those prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 132 subparag. 6 of the Enforcement Rule of the Motor Vehicle Management Act, which receives it, shall be one of the items prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs, check and maintain the internal facilities and the body of the motor vehicle that are not accompanied by the printing, painting, or painting: Provided, That the exchange of pans,nets, even even gates, fences, and bitetss shall be excluded.

“......”

According to these regulations, motor vehicle maintenance business should be registered in order to operate a business of inspecting and maintaining motor vehicles as well as a business of cleaning (change of structure and devices of a motor vehicle). However, the "inspection and maintenance of internal facilities and vehicles which are not accompanied by printing, painting or painting" is excluded from the scope.