A. Although a misunderstanding of facts or misapprehension of legal principles entered into a standard exclusive agreement with F in a state of unregistered registration, entertainment activities conducted during the unregistered period are merely an additional photograph under the F’s existing motion picture photographing contract, or F was made by directly contact with a motion picture producer and expressed his/her intent to photograph, and thus, it cannot be deemed that the Defendant constitutes a popular culture service provided.

In addition, the term "alone popular culture service" is based on the premise that it does not enter into an exclusive contract in terms of its concept, and thus, it has already entered into an exclusive contract.

F In the case of F, it can not be deemed to be a “ray”.

Nevertheless, the defendant did business of providing or arranging popular culture services through unregistered registration.

In light of the foregoing, the judgment of the first instance, which pronounced guilty, erred by misapprehending facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 1,500,00) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court on the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant is fully aware of the fact that the Defendant engaged in popular culture planning business by providing popular culture and arts services under unregistered circumstances.

Therefore, we cannot accept the Defendant’s mistake or misapprehension of the legal doctrine.

1) The conclusion of standard exclusive contracts may be viewed as part of business activities of popular culture planning business, setting forth the legal relationship that forms the basis for the provision of services by the relevant popular culture business person, between the popular culture business person and the popular culture business person.

Therefore, as alleged by the defendant, the conclusion of a standard exclusive contract between F and F is unreasonable for business preparation.