The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant, who engages in personal cargo transport business using C concrete mixed trucks, is a person who is a construction machinery, and intends to repair and exchange the chassis and working equipment accompanying the printing or processing of construction machinery, he/she is required to register his/her construction machinery business with the Mayor/Do Governor, as prescribed by Presidential Decree. However, on January 24, 2013, the Defendant performed the maintenance work without registration by linking the above concrete mixed truck with the rectangular system of 15-20 cm in the body part of the E garage located in Suwon-si, Suwon-si, which is located in D. In addition, on January 24, 2013, the Defendant performed the maintenance work without registration of construction machinery.

2. The defendant and his defense counsel asserted that the defendant cannot be deemed as a business of maintaining construction machinery.

3. Article 40 subparagraph 4 of the Construction Machinery Management Act, which is the applicable provisions of this case, provides that "any person who runs or falsely registers construction machinery business without registration in violation of Article 21, shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 10 million won," and Article 21 (1) of the same Act provides that "any person who intends to run construction machinery business shall register his/her business with the Mayor/Do Governor according to the type of business as prescribed by Presidential Decree," and Article 2 (1) 2 and 4 of the same Act provides that "construction machinery business means construction machinery maintenance business, etc., and construction machinery maintenance business means a business that engages in all activities for the smooth use of construction machinery (excluding those prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as disassembly, assembling or repairing construction machinery and processing, manufacturing and replacing its parts, etc." Thus, whether a "construction machinery maintenance business" is "business" or not shall be defined as a "construction machinery maintenance business."