The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. The summary of the facts charged in the instant case is that a person who intends to operate a truck transportation brokerage business shall obtain permission from the Minister of Oceans and Fisheries in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport. The Defendant, without obtaining permission from the Minister of Oceans and Fisheries around September 14, 2012, received KRW 240,000 from the shipper E in terms of incidental service costs, such as packing and transportation, from three cargo vehicles, and provided incidental services, such as packing and transportation.

2. On the grounds stated in its reasoning, the lower court is sufficient to view that the ordinary packing directors’ business, which provides means of transport, as well as various ancillary services, such as packing and unloading of moving articles in excess of the level of transporting directors’ cargo simply by means of transport, constitutes “motor vehicle transport brokerage business” under Article 2 subparag. 4 of the former Trucking Transport Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “motor vehicle Act”).

In view of the facts charged of this case, the first instance judgment that convicted the facts charged of this case was maintained.

3. However, it is difficult to accept the above determination by the court below for the following reasons.

(1) The Act provides for trucking transport business, intermediation business for trucking transport, and franchise business for each type of trucking transport business, and provides criminal punishment for a person who engages in the business without permission from the Minister of Government Administration and Home Affairs for each type of trucking transport business.

Of them, the first trucking shipping arrangement business (hereinafter referred to as the "transport arrangement business") is called a cargo transport contract as a broker or an agent at a cost in compliance with the demand of another person, or a trucking transport business or a trucking transport business operator's own name by using the cargo transport means of transport of a person who operates a trucking transport business or trucking