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The defendant's appeal is dismissed.
Reasons
1. The application of the Trucking Transport Business Act to the packing directors for the summary of the grounds for appeal is unfair, and the defendant only received money as personnel expenses in making packing directors and did not provide private-use truck for consideration.
Nevertheless, the court below convicted the defendant by misunderstanding facts or understanding the legal principles.
2. Determination
A. In light of the fact that Article 67 subparagraph 5 of the Trucking Transport Business Act and Article 56 of the Trucking Transport Business Act are not applicable to the operation of packing director service business for packing directors, there is no separate provision that Article 67 subparagraph 5 of the same Act does not apply to the operation of packing service business for packing, and that if a trucking transport business license is obtained by meeting the requirements set forth in the Trucking Transport Business Act and the Enforcement Rules of the same Act, it is legally possible to operate packing director service business by providing transport for compensation, and consumers can carry on the business by providing packaging and cleaning service only, it is reasonable to deem that Article 67 subparagraph 5 of the Trucking Transport Business Act and Article 56 of the same Act apply
B. According to the records as to whether a private-use truck was provided for transportation of cargo at a cost, the defendant entered into a packing director service contract with H, and it is recognized that the defendant used an estimate and a contract in which the phrase “it is not a trucking business operator but a trucking service provider” is printed. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant provided the packing director service of this case at the cost of KRW 600,000,00, and ii the packing director service, together with the packing, storage, placement, and cleaning of this article (transport and loading).