The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

1. On March 15, 2013, the Defendant: (a) around 13:00 on March 15, 2013, the instant charges committed an act of typeing passenger transport business by having one passenger, who does not possess cargo on the Cknx trucks (one-time call bomb) in front of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Sungdong dongb

2. According to the reasoning of the lower judgment, the lower court determined that the passenger transport business under the Passenger Transport Service Act, the applicable law of the instant case, refers to the business of transporting passengers by using a motor vehicle to meet the demand of others, and that there is no provision punishing attempted crimes under the said Act. Therefore, in order to be found guilty of the facts charged in the instant case, in light of the form and content of the provision, the fact that the transport fee was actually received should be recognized, and even if the Defendant took the passengers on board with the purpose of receiving the transport fee, the Defendant did not receive the transport fee.

The judgment of the court of first instance that sentenced a fine of KRW 300,000 to the defendant was reversed and acquitted on the ground that the defendant cannot be punished as a violation of the above law only with the fact that there was a possibility or possibility

3. Judgment of the Supreme Court

A. Article 90 Subparag. 1 of the Passenger Transport Service Act punishs a person who engages in an act of passenger transport business type using a motor vehicle other than that stipulated in Article 2 without obtaining a license under Article 4(1) of the same Act. Here, “passenger transport business” refers to a business of transporting passengers for consideration using a motor vehicle in compliance with the demand of another person (Article 2 Subparag. 3 of the same Act). In light of the legislative intent and contents of the aforementioned provision, even if the transport fee was not actually paid, if the transport fee was promised to pay the transport fee and transport the passengers, it shall be subject to punishment, and furthermore, “passenger transport” shall be