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All of the appeals by prosecutors are dismissed.
Reasons
1. The gist of the grounds for appeal of this case is that each of the facts charged of this case is related to a blanket crime in light of the facts constituting a crime of violation of the Trucking Transport Business Act and the method, date, and period of the crime.
subsection (b) of this section.
Therefore, the judgment of the court below that acquitted each of the charges of this case on the ground that the final and conclusive judgment extends to each of the charges of this case is erroneous in the misapprehension of legal principles, which affected the conclusion
2. Determination
A. The owner or user of a private-use truck of the first instance judgment may not provide the private-use truck for transport of cargo at a cost.
Nevertheless, on September 3, 2016, the Defendant, at the center of the Dong-gu, U.S., U.S., 1233 Hyundai Modow, provided a private-use truck for transport of cargo at the cost of the freight by using the private-use truck owned by the Defendant and receiving at the expense of KRW 1,800 per goods at the expense of KRW 6,00 per freight.
2) The owner or user of a private-use truck of the second instance judgment shall not provide the private-use truck for transport of cargo at a cost.
Nevertheless, around 15:00 on July 6, 2016, the Defendant transported KGB's home delivery goods to the private truck owned by the Defendant, subject to the payment of the fee from the point of GGB's home delivery in front of the JGB due to the Il-dong-dong-dong-dong-dong 849 Dong-dong-dong-dong-dong 849 Dong-dong-dong-dong, GGB-dong-dong.
B. On September 23, 2016, the date and time after the date and time indicated in each of the instant charges, the lower court determined that the Defendant was sentenced to a fine of KRW 4 million on October 1, 2016 due to a violation of the Trucking Transport Business Act on September 23, 2016, and determined that the judgment was finalized. The criminal facts of the said final judgment are as follows: “The Defendant used a private truck in the vicinity of the Dong-dong-gu, Yongsan-gu, Busan Metropolitan City around January 6, 2016; and around January 12, 2016; and March 15, 2016.”