The defendant shall be innocent.

1. Where the charges of motor vehicle dealer places an automobile advertisement via the Internet, he/she shall indicate the matters determined by Ordinance of the Ministry of Construction and Transportation for the national land, such as the seller information including the automobile history and the identification number of the members of the

Nevertheless, the Defendant had access to the Internet at the C Office located in Busan Shipping Daegu B around June 2016 to around 8, and had access to the Internet, and had not entered the Defendant’s car dealer identification number in the Defendant’s automobile dealer number when advertising a total of 10 cars, such as E New Carren, F salary class 3, G, New Carren, Hexan, Histan, Hexan, J salary class 3, K Lystter TG, L TG, M 3, None Star, etc., through “D.” (hereinafter “D”).

2. Determination:

A. The relevant legal doctrine-based legal doctrine requires that a crime and punishment be determined by law in order to protect an individual’s freedom and rights from the arbitrary exercise of the state’s penal authority.

In light of such purport, the interpretation of the penal law shall be strict, and the interpretation or analogical interpretation of the meaning of the explicit penal law in the direction unfavorable to the defendant is not permitted as it is contrary to the principle of criminal justice (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). (b) Article 58 of the Automobile Management Act (i.e., automobile management business entity’s duty of notification and management) (iii) When a motor vehicle dealer advertises a motor vehicle via the Internet, the matters prescribed by Ordinance of the Ministry of Construction and Transportation, such as the history of the motor vehicle and seller information, shall

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:

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2. A person who falsely provides the history of a motor vehicle and its seller information, in violation of Article 58 (3). (4) Article 58 (3) of the Enforcement Rule of the Motor Vehicle Management Act shall be prescribed by Ordinance of the Ministry of Construction and Transportation, such as the history of a motor vehicle and its seller information.