The defendant shall be innocent.

1. The Defendant is a person who operates an article center in the name of “C”.

No person shall provide or lease a private car for compensation.

Nevertheless, at around 11:20 on July 29, 2016, the Defendant used D Apartment No. 201, 1402, 1402, and provided a private car for transportation by receiving KRW 1.2 million under the pretext of transporting the relevant article to G apartment for entertainment, which is a destination destination, using Epoter II freight car, other than a commercial automobile.

2. The gist of the defendant and his defense counsel's assertion was that the defendant moved to the Epoter II cargo truck on the day of the instant case (hereinafter "private-use truck of this case"). The defendant did not intend to provide the truck of this case to transport the article F owned by the F (hereinafter "the truck of this case") and did not have any intention to provide the truck of this case to transport the article F. The truck of this case cannot set a boom on the floor of the booming boom, and therefore, the truck of this case was just a balpul on the loading of the truck of this case for the private-use truck of this case until the truck of this case arrives and operated. Thus, the defendant provided the private-use truck of this case for the transportation of cargo.

shall not be deemed to exist.

3. Determination

A. Article 56 of the Trucking Transport Business Act (hereinafter “Act”) provides or leases a private-use truck for transport purposes at a cost (including expenses necessary for the operation of the truck) by the owner or user of the private-use truck.

Provided, That in cases falling under any ground prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the relevant Mayor/Do Governor may provide or lease land for transportation of cargo.

Article 67(7) of the Act provides that “A person who provides or leases a private-use truck for transport with compensation in violation of Article 56 of the Act.”