The defendant shall be innocent.

1. The Defendant is the owner of BDama Cargo Vehicles.

Although the owner or user of a private-use truck is prohibited from providing or leasing a private-use truck for a cost, the defendant, around July 19, 2019, received KRW 250,000 per month from the D Design Center located in Dongdaemun-gu Seoul Metropolitan Government around July 10, 2019. The defendant loaded the cargo, such as foodstuffs requested by the D Design Center, into the above vehicle and provided the private-use truck for a cost by transporting it to the large customers in Dongdaemun-gu Seoul Metropolitan Government.

2. Determination

A. A public prosecutor under the relevant statutes applied the prohibition provision on commercial transport under Article 56 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) to the above charged facts. The aforementioned provision is subject to punishment for “the act of offering or leasing a private truck for the purpose of transportation with compensation to the owner or user of a private-use truck.”

Meanwhile, Article 2 subparag. 1 of the Trucking Transport Business Act defines “motor vehicles” as “motor vehicles and special motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are motor vehicles under Article 3 of the Motor Vehicle Management Act.” ① Article 3 of the Motor Vehicle Management Act classify the motor vehicles into passenger motor vehicles, passenger cars, freight motor vehicles, special motor vehicles, and two-wheeled vehicles, which read “motor vehicles equipped with a cargo loading space suitable for the transport of freight, and the gross weight of cargo loaded in the cargo loading space exceeds the weight of passengers when all passengers other than the driver are on board in the boarding space.” Article 2 and attached Table 1 of the Enforcement Rule of the Motor Vehicle Management Act delegates the detailed criteria for each type to the Minister of Land, Infrastructure and Transport. Article 2 of the Motor Vehicle Management Act and attached Table 1 of the Enforcement Rule are subdivided into general dump-line type (type of motor vehicles covered by