The defendant shall be innocent.

1. No person who is a summary of facts charged shall conduct construction machinery business without being registered;

Nevertheless, on September 11, 2014, the Defendant carried out construction machinery business without registering the construction machinery operator as a construction machinery in the vicinity of the building site in the Namyang-gu, Namyang-gu in the time of emulation, the Defendant carried out construction machinery business without registering the construction machinery operator in the vicinity of the building site in the Namyang-gu.

2. The summary of the defendant's and his defense counsel's assertion was known to the general public;

D At the request of D, D only attempted to exchange clock clock clocks once, but not engaged in construction machinery maintenance as a business.

3. Determination

A. Article 40 subparagraph 4 of the Construction Machinery Management Act, which is the applicable law of this case, provides that a person who operates or falsely registers construction machinery business without registration in violation of Article 21 shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.

Article 21 (1) of the same Act provides that "Any person who intends to operate construction machinery business shall register his/her construction machinery business with the head of a Si/Gun/Gu for each type of business, as prescribed by Presidential Decree.

Article 2(1)2 and 4 of the same Act provides that "construction machinery business" means construction machinery maintenance business, and "construction machinery maintenance business" means construction machinery maintenance business, and "construction machinery maintenance business" means any business that engages in all activities for the smooth use of construction machinery, such as disassembly, assembling or repairing construction machinery and processing, manufacturing, and replacing its parts.

“.......”

In this context, whether construction machinery maintenance business is ‘business' or not should be determined according to social norms in comprehensive consideration of various circumstances such as continuity of maintenance activities, business nature, etc., and purpose, size, frequency, period, mode, etc. of such activities.

B. Examining the instant case, comprehensively taking account of the Defendant’s legal statement and witness D’s legal statement, the Defendant collected stolen materials and sold them to the deceased.