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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the defendant only transported the cargo as a director company's employee, and it does not provide the private-use truck for commercial transport purposes.
2. The summary of the facts charged is that the Defendant, who is engaged in driving of a private-use truck with B1 ton of sealed cargo vehicles, transported the article from around 12:01 on March 6, 2017 to the front of the same Gu D apartment in front of the Gangdong-gu Seoul Metropolitan Government apartment, and received KRW 130,000 as transportation expenses, and provided a private-use truck for cargo transport at a cost.
3. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.
4. Circumstances acknowledged by the evidence adopted and examined by the court below, i.e., ① the Defendant, as an employee of the “F” company operated by E, received KRW 130,00 per day of the instant case as an employee of the “F” company operated by E, and transported the same. ② At the time of the instant case, the Defendant was unable to carry the same into the 2.5 ton of the company’s 2.5 tons of cargo at the time of the instant case, and the Defendant was merely carrying and driving the remainder of the private cargo vehicle owned by E, according to E’s instructions, the Defendant was merely carrying and driving the same. ③ The Defendant’s 130,000 won, which the Defendant agreed to receive, as a director company’s employee, did not take account of the fact that the Defendant was merely receiving KRW 130,00 for transporting the cargo vehicle for private use, ④ The evidence submitted by the prosecutor alone that the Defendant received KRW 130,000 for the transport of the cargo for private use.
The recognition is insufficient, and there is no other evidence to prove it.
5. According to the conclusion, the defendant's appeal is reasonable and in accordance with Article 364 (6) of the Criminal Procedure Act.