The judgment of the court below is reversed.

Defendants are not guilty.

1. Summary of grounds for appeal;

A. Defendant B merely worked as an employee of Defendant C Co., Ltd. (hereinafter “Defendant travelr”), and did not use the name as the owner of the land of the D and E vehicle as indicated in the facts charged.

B. Sentencing (Defendant B) The punishment sentenced by the lower court to Defendant B (one million won penalty) is too unreasonable.

2. Summary of the facts charged in this case

A. Defendant A is the representative of the F building in Bupyeong-gu Incheon, and “C” in subparagraph G.

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, from March 18, 201 to September 30, 201, the Defendant had B operate passenger transport business by allowing B to use a bus for business use (D) owned by “C” and from January 2, 2014 to May 4, 2016, a bus for business use owned by “C”.

(b) No person, other than Defendant B, is allowed to run passenger transport business under his/her own or another’s name by using any or all of the commercial automobiles of a transport business operator, and may receive instructions related to the business from a transport business operator.

Notwithstanding the fact that the Defendant is not a transport business entity, the Defendant used a commercial automobile bus (D) owned by “C” from March 18, 2011 to September 30, 201, and operated passenger transport business under the name of “C” as a transport business entity, using a bus (E) owned by “C” from January 2, 2014 to May 4, 2016.

(c)

Defendant

C The Defendant, a corporation operating transportation business, etc., committed an act of violation as described in the foregoing paragraph A in relation to the Defendant’s business at the same time and place as described in the foregoing paragraph (a).

3. Determination

A. Relevant legal principles 1) Passenger transport.