The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of arbitrarily manipulating the electronic control system (ECU) in relation to the crime described in paragraph 1 of the judgment below by misunderstanding the facts and misapprehension of the legal principles is not an act constituting a motor vehicle maintenance business requiring registration when considering the fact that the relevant part is not included in the subjects of the qualification examination required for the registration of the motor vehicle maintenance business, and the Motor Vehicle Management Act excludes certain pipes from those subject to the approval, and that the operation of the electronic device of this case can not be deemed as the percussion work.

B. The sentence of the lower court (in 10 months of imprisonment, 2 years of suspended execution, 2 years of forfeiture) is too unreasonable.

2. Determination

A. Determination of misapprehension of the legal doctrine and mistake 1) Article 2 subparag. 8 of the Automobile Management Act (hereinafter “Act”) refers to the business of checking, maintaining, or monitoring a motor vehicle (excluding two-wheeled motor vehicles).

Provided, That the works prescribed by Ordinance of Ministry of Land, Infrastructure and Transport shall be excluded.

The term "those prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport" in the proviso to Article 2 subparagraph 8 of the Enforcement Rule of the Automobile Management Act (excluding the maintenance business) Article 132 and Article 132 subparagraph 8 of the Enforcement Rule of the Motor Vehicle Management Act (hereinafter referred to as the "Enforcement Rule") means the following work:

However, it is excluded from the work subject to the approval of the tubes as prescribed in Article 55.

A person shall be eligible for the payment of taxes under the conditions as prescribed by Presidential Decree;

1. Supplement, exchange and rent of errors;

2. Exchange of wheelers and wheelchairss;

3. Inspection and maintenance of wire ropes, electric wires, electric utility poles (excluding electric lamps, speed display, etc.), and other electric equipment;

4. Inspection and maintenance of cooling systems (excluding cooling pumps);

5. Inspection and maintenance of ices (excluding wheelchairss);

6. Inspection and maintenance of internal facilities and vehicles without any seal, painting, or painting attached thereto: Provided, That the exchange of a paner, this net set, even door, fences, fences, and ridges shall be excluded;

section 2.2.