The Prosecutor’s appeal against the Defendants is dismissed.

1. The judgment of the court below which acquitted Defendant B, C, D, E, and S (hereinafter referred to as “Defendant Secretary”) of the grounds for appeal on the part of Defendant F Co., Ltd. (hereinafter “Defendant F Co., Ltd”) and Defendant A, the representative director thereof, of the Plaintiff, can be deemed to have practically leased the instant taxi, and the chief engineer directed and supervised the instant taxi officers (hereinafter referred to as “the head office recruitment taxi officers”), and the burden of operating expenses and profit and loss risk arising from the vehicle operation cannot be seen as incentives, and the benefits obtained by Defendant Secretary cannot be seen as incentives. In full view of the above, the judgment of the court below is erroneous in the misapprehension of legal principles and misapprehension of legal principles.

2. Determination on the grounds for appeal

A. The court below found Defendant’s chief engineer not guilty of the facts charged on the ground that it was insufficient to recognize that the Defendants were engaged in the act of using the name prohibited by the Passenger Transport Service Act, as stated in the facts charged, on the ground that the Defendants’ general direction and supervision of the Defendant Company, which is a transport business operator, operated the instant taxi transport business independently from the Defendant Company, and it is difficult to view that they operated the passenger transport business independently from the Defendant Company.

B. We agree with the circumstances indicated by the court below, and if we look at the following circumstances based on the evidence duly adopted and investigated by the court below, we agree with the above judgment of the court below, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

1. The head of the taxi office shall be recruited.