The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal doctrine, provided a private-use truck free of charge for transport of cargo.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the defendant is recognized as having provided private-use truck for transport of cargo as stated in the judgment below.

The Defendant provided a private-use truck for transport of cargo in addition to a private-use truck as it is impossible for the Defendant to transport all the cargo requested only with the vehicle scheduled after the Defendant agreed to transport the cargo at a cost with the client.

Even if the carriage by private-use truck does not constitute a free transport.

This part of the defendant's assertion is without merit.

B. In light of the following: (a) there are circumstances that could be considered in the background leading up to the instant crime; (b) there is no history of punishment for the same crime; and (c) other factors of sentencing as shown in the instant records and pleadings, such as the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, the lower court’s punishment is too unreasonable.

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Relevant Article of the Act and Articles 67 subparagraph 7 and 56 of the Trucking Transport Business Act concerning facts constituting an offense;

1. Article 70 (1) and Article 69 (2) of the Criminal Act (one million won shall be converted into one day);

1. Article 59 (1) of the Criminal Act (limited to a suspended sentence: fine of 700,000 won, and the circumstances examined above);