The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Despite the fact that the defendant had transported the cargo, the court below found him guilty of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of 800,000 won) is too unreasonable.

2. Determination

(a) In the event that the freight trucking service provider of mistake of facts carries on the business of transporting cargo on an Ban-type truck, he shall possess the cargo to a certain extent if he wishes to get his passengers on the Ban-type truck, and the term "trucking transport business" in Article 2 subparagraph 3 of the Trucking Transport Business Act means a business of commercially transporting the cargo by using the

In such cases, cargo in a case where the shipper is accompanied by a truck shall be inappropriate to be loaded into a motor vehicle for passenger transport business, the weight, volume, shape, etc. of the cargo in which the shipper is inappropriate, and the standards therefor and the target vehicles, etc. shall be prescribed

The provisions of Article 3-2 (1) of the Enforcement Rule of the Trucking Transport Business Act and Article 3-2 (1) of the Enforcement Rule of the Trucking Transport Business Act shall be as follows:

1. The weight of cargo per shipper shall be at least 20 kilograms;

2. The volume of cargo for each shipper shall be at least 40,000 cubic centimeters;

3. The relevant cargo shall be any of the following goods:

agricultural, fishery or livestock products that are unclean or malodored;

(b)an animal or plant that gives a sense of aversion;

(c) industrial products, such as machinery and appliances;

(d)construction machinery and materials, such as joint boards;

E. Paragraph (2) and Paragraph (2) of this Article stipulate, “The target vehicle under the latter part of Article 2 subparag. 3 of the Act shall be the broadband-type truck.” (2) based on the evidence duly adopted and examined by the lower court.