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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal, even if the defendant accepted a concrete mixed truck owned by him once, if the purpose of maintaining construction machinery repeatedly exists, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The Defendant, as a person who engages in personal cargo transport business using C concrete mixed trucks, which are construction machinery, did not register the construction machinery business with the Mayor/Do Governor, as prescribed by Presidential Decree, in order to repair and exchange the chassis and working equipment accompanying the printing or processing of construction machinery. On January 24, 2013, the Defendant, at around 15:00, provided that he/she is required to register the construction machinery business with the Mayor/Do Governor. On January 24, 2013, he/she provided a body maintenance work without registration by linking the above concrete mixed truck with the rectangular system of 15-20 cm in size on the body part of the E garage located in Suwon-si, Suwon-si.
(b) A person who falls under any of the following subparagraphs of Article 40 (Penalty Provisions) of the Construction Machinery Management Act related Acts shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding ten million won;
The head of a Si/Gun/Gu (referring to the head of an autonomous Gu) for each type of business, as prescribed by Presidential Decree.
hereinafter the same shall apply.
(1) The terms used in this Act are defined as follows.
1. The term "construction machinery" means machinery that can be used for construction works, which is prescribed by Presidential Decree;
2. The term "construction machinery business" means construction machinery rental business, construction machinery maintenance business, construction machinery sales business, and others;