The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged in the instant case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine. The lower court did not err by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. The summary of the facts charged in the instant case is a person who has been engaged in passenger transport business using chartered buses, taking charge of the representative director of Suwon-si Co., Ltd. D (hereinafter “instant company”) on the third floor from August 21, 2013 to January 20, 2014.

No transport business operator shall allow any person who is not a transport business operator or a person who is not a transport business operator to run passenger transport service with or without compensation by using the whole or part of his commercial automobiles.

Nevertheless, the Defendant, at the instant company office around March 2013, transferred E and F chartered buses (hereinafter “the instant bus”) at KRW 128 million, but entered into a verbal contract with E to receive 8% of the monthly operating earnings from E, and E had E carry out passenger transport business using the instant bus from around that time to November 2013.

3. Determination

A. The lower court found the Defendant guilty on the facts charged of this case by taking account of the evidence as indicated in its judgment.

B. The legislative purport of Article 12 of the Passenger Transport Service Act is to ensure that a license is granted only to a person who satisfies certain requirements in light of the public nature of passenger transport service.