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 business, and from March 26, 2010 to April 2, 2010, entered into a contract for leasing a siren with the qualification of an agent of the automobile rental business entity, and entered into a contract for leasing a siren at a charge lower than the rental agreement reported by the Aritoene, and accordingly, the Defendant did not perform the rental agreement with only a charge lower than the rental agreement reported by the Aritoene with the travel agent in accordance with 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 a “exclusive” of the company registered with the automobile rental 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 facilities incidental to travel.