Text
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant’s packaging business operated by the Defendant is operated mainly by human resources, such as packing, organizing, refining, cleaning, etc. of the board of directors, and the lower court recognized that such Defendant’s act was provided for the transportation of cargo at a cost under the Trucking Transport Business Act, even though it received only personnel expenses from customers in accordance with the standard unit price table, which
B. Even if an unreasonable sentencing is acknowledged, in light of the circumstance and present situation of the Defendant’s occurrence of the instant crime, the sentence of the lower court against the Defendant (one million won of a fine) is too unreasonable.
2. Determination:
A. As to the assertion of legal principles, the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below (i.e., the "trucking transport business" under the Trucking Transport Business Act (amended by Act No. 11804, May 22, 2013; hereinafter the same) refer to the business of transporting cargo by using a truck at the request of another person (Article 2 subparagraph 3 of the Trucking Transport Business Act); and (ii) a person who intends to operate a trucking transport business shall obtain permission from the Minister of Land, Transport and Maritime Affairs after meeting the transport facilities, such as the number of trucks, capital or appraised value of assets, depots, etc. (Article 3 of the same Act); and (iii) a truck that is not used for the trucking transport business and the trucking franchise transport business but for its own use, i.e., the "private-use truck" (Article 55 of the same Act) shall not be provided or leased for the transport of cargo for a fee (the main sentence of Article 56 of the same Act).