All the judgment below is reversed, and the case is remanded to Jeju District Court Panel Division.

The defendants' grounds of appeal are examined.

1. The summary of the facts charged in the instant case against the Defendants is as follows: “The Defendant is a person engaged in the travel brokerage business in the course of operating a travel agency, and entered into a contract to lend a siren with the qualification of an agent of the car rental business entity, and accordingly, the Car rental business entity entered into a contract to lend a siren at a rate lower than that of the rental agreement reported by the rental business entity, and accordingly, the rental agreement was concluded by the rental business entity at a rate lower than that of the reported rental agreement.” Thus, the lower court found the Defendants guilty of all the facts charged in the instant case on the ground that the Defendants constituted “agent,” as stipulated in Article 93 of the former Passenger Transport Service Act (amended by Act No. 11295, Feb. 1, 2012; hereinafter “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 is required for travelers or the operators of transportation facilities, accommodation facilities, and other facilities incidental to travel.