All appeals by the Defendants are dismissed.

The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing) under the name of Defendant A and the reason for appeal filed under the name of Defendant B was not submitted, but the reason for appeal filed under the name of Defendant B. However, on June 29, 2017, in consideration of the fact that postal bags were prepared in the name of Defendant B and the reason for appeal was common, all the Defendants are deemed to submit a legitimate reason for appeal.

Although Defendants’ act is permitted to constitute a travel business under Article 3 subparag. 1 of the Tourism Promotion Act among the tourism businesses under Article 2 subparag. 1 of the same Act, the lower court’s punishment for violation of Article 90 subparag. 7 and Article 34 subparag. 3 of the Passenger Transport Service Act is erroneous by misapprehending the legal doctrine on the application of the Passenger Transport Service Act and the application of the Passenger Transport Service Act.

Each sentence of the lower court (one million won by each of the Defendants) is too unreasonable.

Judgment

(1) Article 34 (Prohibition, etc. of Commercial Transport Business Act) (1) and (2) (3) No motor vehicle rental business operator shall transport passengers for profit using a commercial motor vehicle in response to the demand from others, and no person shall arrange for the transport of passengers, and no person shall arrange for the transport of passengers.

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:

1. to 1.

Article 6 (Omission)

7. The definitions of terms used in this Act shall be as follows:

1. The term "tourism business" means the business of providing tourists with transportation, lodging, food, sports, recreation, relaxation, or other services, or making any other facility available to tourists in connection with tourism;

Article 3 (Types of Tourism Businesses) (1) Types of tourism businesses shall be as follows:

1. Travel business: Travelers or transport facilities, accommodation facilities, etc.;