All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

From February 2011 to February 28, 2013, Nonindicted Q misunderstanding of facts independently managed the Company E (hereinafter “E”), and the Defendants were only investors, shareholders, and workers during the said period.

Therefore, the Defendants do not constitute the “person running the freight forwarding business” under Article 67(2) of the Trucking Transport Business Act.

Therefore, although the part of the facts charged in the instant case for the period from February 2, 2011 to February 28, 2013 is not guilty, the judgment of the court below which found the Defendant guilty of all the facts charged in the instant case including this part is erroneous.

Considering the fact that Q in fact operated independently, the lower court’s punishment against the Defendants (a fine of KRW 3 million each) is unreasonable.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts: (a) although the extent of the Defendants’ participation in the management of E was lower than Q from February 28, 2011 to February 28, 2013, the Defendants were deemed to have participated in the management, such as exercising the supervisory authority over the management, and participating in the employment of employees, it is reasonable to deem that the Defendants also constituted a person who jointly operates Q and E.

In light of Q’s statement in the court of original instance, it is difficult to use the statement of Q as a reliable statement. The evidence submitted by the defense counsel of the Defendants alone does not interfere with the recognition of the above facts constituting the crime. Thus, the above assertion by the Defendants is without merit.

① Since Q had to run the freight forwarding business for about three years as a personal entrepreneur before its establishment, it had invested KRW 25 million from the Defendants due to the difficulties in early around 2011.

As alleged by the Defendants, Q, as the representative director, performed his duties from February 23, 201 to February 28, 2013.

Q. Q.