The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) the Defendant, who was admitted to the KFF and joined the KFF with the permission for trucking transport business as a member; (b) used a truck to supply the company’s products, but did not drive a truck for the actual purpose of the trucking transport business; and (c) was employed by another company from August 12, 2016 to September 1, 2016 by being employed by the employee of another company; and (d) the Defendant applied for the authorization for the acquisition of a private taxi transport business with a false career certificate, and thus, acquired a private taxi transport business license by unlawful means

Nevertheless, the lower court rendered a not-guilty verdict on the charges on different premise. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. A summary of the facts charged is prohibited from obtaining a license for passenger transport business by unlawful means;

Nevertheless, on January 12, 2018, the Defendant applied for authorization for the transfer or acquisition of private taxi transport business in the Busan Young-gu Office's office traffic administration division located in Busan Young-gu, Busan, which is located in 100, and obtained a license for passenger transport service after obtaining authorization for the transfer or acquisition of private taxi transport business under the name of C, which is the content that the Defendant was engaged in the truck transport business for three years from January 8, 2015 to January 10, 2018, along with C's "driving career certificate", which is the content that he/she was engaged in the truck transport business.

However, the Defendant operated “D” as a processing company of brine products during the foregoing period, and further operated the same year from August 12, 2016.

9.1. Not engaged in trucking transport business, such as working as an employee of another company until the date;

Accordingly, the Defendant obtained a license for passenger transport business by illegal means.

B. The lower court’s judgment is admissible as the Defendant denied the content of the police interrogation protocol against the Defendant.