The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the judgment of the court below which found the defendant guilty of each of the facts charged of this case by misunderstanding the facts or misapprehending the legal principles, even though the travel agency only arranged a car rental contract and did not have concluded each of the instant rental contracts on behalf of the rental company.

2. Determination:

A. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment with respect to the defendant's criminal facts and applicable provisions of Acts as follows, in the trial of the court, and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below was no longer maintained.

1. The defendant is a person who operates a AU tourr Co., Ltd. and is engaged in travel agency business.

On October 23, 2010, the Defendant entered into a contract to lend the AW-learning passenger cars of the said company to AJ for 48 hours at the office of the said travel company located in AV as an agent of the said company, and entered into a contract with the said company for KRW 58,800, not for the terms and conditions of lease reported by the said company. The said company leased the said car to AJ in accordance with the said terms and conditions of the contract, and did not implement the reported terms and conditions of lease.

Preliminaryly, the defendant is a person who operates a AU travel company and engages in travel agency business.

On October 23, 2010, at the above travel agency office located in AV at Jeju, the Defendant concluded a contract to lend the said company's automobile rental business for 48 hours in collusion with the employees under the name of V, and entered into a contract to lend the said company's automobile rental business at AJ for 48 hours, not KRW 84,000,000, which was reported by the said company. The said company lent the said vehicle to AJ in accordance with the terms and conditions of the contract.