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The judgment below
This part of the violation of the Trucking Transport Business Act is reversed, and this part of the case is in question.
Reasons
The grounds of appeal are examined.
1. The court below affirmed the judgment of the court of first instance which acquitted the Defendant on the ground that there was no proof of any crime with regard to any false entry into public electronic records, etc., and any exercise of public electronic records, etc., among the facts charged in this case, on the ground as stated in its reasoning.
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
In so doing, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the scope of “non-performance” in the crime of false entry into public electronic records and electromagnetic records
2. As to the violation of the Trucking Transport Business Act, the summary of this part of the charges is as follows: (1) the Defendant falsely filed a truck, which is a truck for the special purpose of use permitted to supply but is a truck with limited supply-restricted truck; and (2) the Defendant falsely filed a false report as the truck for the limited supply-restricted truck; and (3) registers a truck as if it would normally replace another truck with another truck with the limited supply-restricted truck; and (4) the Defendant increased the number of trucks, such as the list of crimes (1) and (2) of the judgment below, the supply of which
(2) Based on its stated reasoning, the lower court, based on its stated reasoning, operated a trucking transport business by increasing the supply-restricted truck by the method that the Defendant operates a trucking transport business, which is a truck with a specific-use type of truck permitted to supply.
Even if the number of the total trucks in possession is identical, so the number of the specific types of trucks increases according to the car scrapping for the vehicle, the act of scrapping the said large number of trucks before being amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Trucking Transport Business Act”).