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The judgment below
The part against the Defendants is reversed.
The Defendants are not guilty. The Defendants are not guilty.
Reasons
1. The summary of the grounds of appeal (the main facts charged) is that the Defendants only arranged a car rental contract as a travel agency and did not conclude each of the instant lease contracts on behalf of the rental company, and the judgment below which found the Defendants guilty of the facts charged in the instant case is erroneous by misapprehending the legal principles or erroneous determination of facts.
2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal for ex officio determination, the prosecutor, while maintaining the original facts charged against the Defendants prior to the remanding of the case, modified as described in paragraph 3(a) below, and added the ancillary facts charged as described in paragraph 2(a) below, and the applicable provisions of this Act were applied for changes in the indictment with the purport of adding “Article 30 of the Criminal Act” to the primary applicable provisions. Since the court prior to the remanding of the case, the subject of the judgment of the court prior to the remand could no longer be maintained.
However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.
3. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants
A. The summary of the facts charged in the primary charge 1) Defendant A is a person who has been engaged in travel arrangement business while operating K. The Defendant entered into a contract to lend the automobile of Jeju Haaking Co., Ltd. for 44 hours at the above travel agency office located in Jeju 205 at around November 4, 2010, with the qualification of the agent of Jeju Haaking Co., Ltd. in the capacity of agent of Jeju 205 at the above travel agency office at Jeju 205 at Jeju 205, and the Defendant entered into a contract to lend the automobile of Jeju Haaking for 150,000 won for the rental agreement reported by Jeju Haaking Co., Ltd., with the above contract terms and conditions.