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Acquittal of the accused shall be acquitted.
Reasons
1. The Defendant is the owner of a private-use truck B1 ton.
On July 22, 2015, the Defendant, while carrying out door-to-door distribution terminal in Daegu-gu, Daegu-gu, to 3 Dongs of the same Gu, carried out door-to-door distribution on the condition that the Defendant would receive KRW 700 per unit of the freight charge from the above D door-to-door distribution unit on the condition that the Defendant would receive KRW 700 per unit of the freight charge.
Accordingly, the defendant provided private-use trucks for cargo transport at a cost.
2. Determination
A. The relevant legal reasoning and business entity refers to a crime that is naturally expected to repeat the same act in the nature of the constituent element as a group offender, and it does not constitute a crime that is anticipated to repeat the same act in the nature of the constituent element (see Supreme Court Decision 2004Do2390, Jul. 22, 2004, etc.). However, even if the concept of business crime is not applicable to the above concept of business crime, it does not constitute a crime.
Even if a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent and the legal interests and interests of the same person are identical, each act shall be punished as a single crime among the crimes, and where the unity and continuity of the criminal intent are not recognized or the method of committing the crime is not the same, each crime shall be punished as a single crime (see Supreme Court Decision 2007Do8645, Nov. 11, 2010, etc.). (b) The following points are recognized according to the records of the instant case.
① From March 2015, the Defendant: (a) from around March 2015, using a truck for personal use in B B1 ton; (b) received KRW 700 per unit of the goods assigned to D’s agency under its control; (c) transferred the goods under its control; and (d) obtained income of KRW 2.5 million per month.
② On or after July 22, 2015, the date and time indicated in the facts charged in the instant case, the Defendant committed a violation of the Trucking Transport Business Act at the Seog Branch of the Daegu District Court on August 25, 2015.