The guilty portion shall be reversed.

Of the facts charged in the instant case, the Defendant is acquitted.

The Defendant (in relation to the portion of the crime), misunderstanding of facts, or misunderstanding of legal principles, did not transfer the exclusive business right to food ingredients supply to non-resident local school meal services at the time of entering into a transfer contract with J on February 7, 2012, and did not know that the registration criteria for school meal service suppliers (hereinafter “private Exchange”) were modified.

The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.

The prosecutor (misunderstanding of facts or misunderstanding of legal principles with regard to the acquittal portion) was aware of the change in the registration criteria of this case at the time when the defendant entered into a transfer contract with F on December 9, 201 for the right to supply food materials for school meal services in the Janan District, and the defendant could be recognized as deceiving F with reference to the exclusive delivery right, in light of the fact that F pays the price equivalent to the amount of KRW 28 million and takes over the business.

Judgment

The summary of the facts charged concerning the defendant's assertion of mistake of facts or misapprehension of the legal principles is that the defendant has supplied food ingredients for school meals in the area of non-jun and Jinan.

The defendant did not have the right to monopoly the right to supply food materials for school meal services in a non-state area or a region of a village.

On November 14, 2011, the Defendant was aware that the criteria for registration of food service suppliers of agricultural and fishery products cyber exchange based on changes in the registration system of food service suppliers have been changed, and only the companies with the actual results of supplying food ingredients for at least one year at schools, military units, hospitals, etc. or with the actual results of selling food materials for at least two years have been able to supply

The Defendant, around February 7, 2012, at the “I” restaurant located in Jeonbuk-gun H, Jeonbuk-gun, without notifying the change of the standards for registering the procurement system of school meal service suppliers of agricultural and fishery products cyber exchange, is a non-Gun area to the victim J.