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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant, using an exclusive distribution program for cargo intermediation created from personal data, operated in a way that he automatically connects the registered truck driver when he entered the order from the owner of the cargo who is a customer into the above program; (b) the Defendant entered the vehicle transporting the cargo from August 2, 2013 into the above dispatch program into the "motor vehicle"; and (c) made the Defendant’s statement in the investigative agency, etc., the Defendant was found guilty of the facts charged in the instant case; and (d) the lower court acquitted the Defendant, even though the Defendant was found guilty, by misunderstanding the facts,
2. As to the grounds for appeal of this case, the court below found the defendant not guilty on the charges of this case where the defendant operated the transportation brokerage business using a truck under the Trucking Transport Business Act, on the ground that the statement of a copy of the truck business act and the evidence submitted by the prosecutor alone are insufficient to recognize it.
In addition to the following circumstances, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the prosecutor.
subsection (b) of this section.
Therefore, the prosecutor's above assertion is without merit.
① According to the screen images of a personal data exhaust program, the fact that “F/D, August 2, 2013, 11:05, 201: (a) additional Dongs, Daejeon, Trucks, 150,00, 22,50” is entered into a computer.
However, it is not clear whether the facts charged in the instant case are trucks under the Trucking Transport Business Act.
As a Mas, the part of the above evidence “truck input” cannot be viewed as evidence that conforms to the facts charged in the instant case (in this regard, the Defendant entered the vehicle of the dispatch program in the investigative agency.