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 operating a travel agency; the Defendant entered into a contract to lend a siren with the qualification of the agent of the automobile rental business entity B, and accordingly, B did not perform the reported terms and conditions of lease by collecting only a charge which is less than the reported terms and conditions of lease while lending a siren from the travelr N in accordance with the terms and conditions of the contract.” The lower court found the Defendant guilty of all the facts charged in the instant case on the ground that the Defendant constituted “agent” of the rental business entity, which is the “corporation registered for the automobile rental business” as provided by Article 93 of the former Passenger Transport Service Act (amended by Act No. 11295, Feb. 1, 2012; hereinafter referred to as the “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 provides brokerage or conclusion of contracts for the use of facilities for travelers or the operators of transportation facilities, accommodation facilities, and other facilities ancillary to travel.