The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A and B shall be punished by a fine of KRW 10 million.

1. Summary of grounds for appeal;

A. Defendants A and B(A) did not register the automobile maintenance business, but they merely request and process the registration of a special model model manufactured in convenience and practice to an agent according to lawful procedures. This is not uniformly punished due to lack of legislation (see, e.g., Supreme Court Decision 2009Da15488, Jun. 2, 2009). Since the Defendants’ act was lawful at the time of the instant indictment due to the amendment of the Automobile Management Act (see, e.g., Supreme Court Decision 2009Da1547, Jun. 2, 2009). The indictment of this case is unlawful, and even if the indictment is lawful, it is unreasonable to punish the Defendants later (see, e.g., Defendant A and B) in the instant penal provision (see, e., Supreme Court Decision 2009Da11540, Jun. 2, 200).

B. The lower court’s sentence against the Defendants by the prosecutor (two years of suspended execution in June, and two million won in fine in case of Defendant A and B) is deemed unreasonable.

2. Judgment on the misapprehension of the legal principles of Defendant A and B

A. As to the assertion that it is not a violation of the provisions of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter the same), a person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (Article 53(1)). A person who conducts a motor vehicle management business without the said registration shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won (Article 79 subparag. 13). In this case, the term “motor vehicle management business” is a motor vehicle sales business, a motor vehicle maintenance business, and a motor vehicle maintenance business.