The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, from August 2008 to April 22, 2013, carried out trucking transport business without obtaining permission from KRW 10,00 to KRW 30,00 in a ton of the total of five private-use trucks owned by D Co., Ltd., and carried out trucking transport business by using the E, F, G, H, and I total of five private-use trucks owned by D Co., Ltd.

2. According to the record of the summary of the issue, it is recognized that: (a) on August 8, 2002, D Co., Ltd. obtained permission from the head of Seo-gu Daejeon Metropolitan City (excluding designated waste and liquid waste collection and transportation business); (b) on August 8, 2008, the Defendant was appointed as the representative director; and (c) on each truck listed in the facts charged that the Defendant was registered as a person from August 2008 to April 22, 2013, each truck was collected and transported by using them after obtaining a waste collection transport certificate from the Dae-gu Office of the Daejeon Metropolitan City, Daejeon Metropolitan City under the Wastes Control Act.

The prosecutor prosecuted the defendant for violating Article 3 (1) of the Trucking Transport Business Act by operating trucking transport business without permission for the "transport" during the collection and transportation of the defendant's waste.

Article 2 subparag. 2 of the Trucking Transport Business Act provides that "trucking transport business" means a business that transports cargo for compensation by using a truck in compliance with another person's request." Thus, the issue is whether the Defendant's act of transporting wastes constitutes "the commercial transport of cargo" as provided in the above provision.

3. Article 7 (1) of the Trucking Transport Business Act provides that "Article 135 of the Commercial Act shall apply mutatis mutandis to the liability of the trucking business operator for damage caused by the delay in the destruction, damage, or delivery of cargo."