The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal: (a) Article 81(1) of the Passenger Transport Service Act prohibits the provision of automobiles, other than commercial automobiles, for commercial purposes, for commercial purposes; and (b) does not limit the provision for passenger transport purposes; and (c) the provision is stipulated in Chapter II of the Passenger Transport Service Act, which regulates passenger transport business; and (d) it is erroneous in the misapprehension of legal principles that the lower court acquitted the Defendant of the charges in this case on the ground that the transportation prohibited under Article 81(1) of the Passenger Transport Service Act is not included in the carriage of cargo, despite the inclusion of the carriage of cargo

2. Determination

A. The lower court determined as follows: “The purpose of this Act is to promote public welfare by establishing order in passenger transport service and promoting the smooth transport of passengers and the comprehensive development of passenger transport service; “passenger transport service” under Article 2 subparag. 2 of the Passenger Transport Service Act refers to passenger transport service, rent-a-car business, bus terminal business, and passenger transport franchise business; “passenger transport business” under Article 2 subparag. 3 of the same Act refers to a business that transports passengers with compensation using a motor vehicle in compliance with another person’s demand; and “passenger transport business” under Article 2 subparag. 3 of the same Act is limited to “business that transports passengers or freight with compensation” unlike the former Automobile Transport Business Act, the scope of application of the Act is limited to “business that transports passengers or freight with compensation” under Article 81(1) of the Passenger Transport Service Act, taking into account the contents, amendment process, etc. so, it does not include commercial transport of private cars prohibited under Article 81(1) of the same Act.