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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is the owner of a private-use truck with a vehicle number C. 5 tons, and the owner or user of a private-use truck shall not provide or lease a private-use truck for compensation;
Nevertheless, at around 11:00 on March 28, 2013, the Defendant: (a) loaded E's moving-in goods in Silung-si D; (b) transported the F apartment 101, F apartment at Silung-si using the above private truck and received KRW 700,000 for a single transport charge; and (c) provided for a private truck for transport with compensation.
2. As to the above charged facts, the defendant and his defense counsel asserted that the above charged facts do not provide the above private-use cargo for consideration.
According to the witness E’s statement, the police interrogation protocol, contract (Evidence No. 7 pages) and investigation report (Evidence No. 20 pages), the defendant entered into a contract with E and 5 tons of cargo vehicle and 700,000 won of cargo vehicle. The defendant entered into a contract with E as of the date of the director’s operation, only one cargo vehicle with five tons of cargo vehicle, and the defendant is not sufficient to use the bridge for E as of the date of the director’s operation, and it is necessary to use the elevator without using the bridge for E’s operation. As such, the defendant entered into an agreement with five tons of cargo vehicle and one work seal added to it, and did not pay the additional amount, and the defendant would not pay the additional amount. In light of these facts, the defendant would have additionally bear the cost of transporting the article using five tons of cargo vehicle for his own owner, and in principle, the defendant would not receive the additional cargo vehicle from the packing director to the transport company.