The judgment below is reversed, and the case is remanded to Jeju District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in the instant case against the Defendant is as follows: “The Defendant is a person engaged in a travel brokerage business while running the Liber Co., Ltd., and entered into a contract for leasing a siren in the capacity of an agent of the Libers Co., Ltd. from the lower order of April 1, 2011 to May 10, 201, and entered into a contract for leasing a siren at a charge lower than the rental agreement reported by the Libers. Accordingly, the Defendant did not comply with the terms and conditions of the lease by collecting only a charge lower than the rental agreement reported while lending a siren to the travel pursuant to the terms and conditions of the contract.” The lower court found the Defendant guilty of all of the facts charged in the instant case by determining that the Defendant’s act constitutes the “exclusive” of the company registered with the leasing business under Article 93 of the former Passenger Transport Service Act (amended by Act No. 11295, Feb. 1, 2012; hereinafter “Act”).

2. However, the lower court’s determination is difficult to accept for the following reasons.

Article 31 (1) of the Act provides that a motor vehicle rental business operator shall determine the rental terms and conditions and report them to the Mayor/Do Governor, and Article 92 (9) of the Act provides that a motor vehicle rental business operator shall be punished by a fine not exceeding KRW 10 million if he/she fails to comply with the reported rental terms and conditions.

In addition, Article 93 of the Act provides that if a representative of a corporation, or an “agent, employee, or other worker” of a corporation or an individual commits an offense under Article 92 in connection with the business of the corporation or the individual, not only shall the offender be punished, but also the corporation or the individual shall be punished by a fine

On the other hand, Article 3 subparagraph 1 of the Tourism Promotion Act refers to travelers, transportation facilities, accommodation facilities, and other ancillarys to travel.