The defendant shall be innocent.

A. Fact-misunderstanding or legal principles that the Defendant established “I” in H’s name, and then charged F’s advertising agency with F’s advertising agency business without the consent of F (hereinafter “I”). However, the Defendant deceivings the media company or requested advertisement through “I”, thereby causing the same damage as indicated in the instant facts charged.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The punishment of the lower court is too heavy.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. According to the evidence examined by the court below, the following facts are acknowledged.

[Establishment of the Defendant’s advertising-related business and advertising agency “I”] ① F operated “F” in the form of a branch to handle the households imported from Switzerland’s design household G, and the Defendant was working at the place as the manager, and was in charge of various duties, such as transportation, storage, marketing, etc., in relation to the distribution of G household revenues.

② From around 2010, the Defendant, while taking charge of F’s advertising, terminated the contract with the existing advertising agency and directly traded with the advertising media company.

The defendant is in charge of all business affairs concerning the request for advertisement in any way to a certain business entity and dealt with the business affairs with the approval of the representative director.

In the meantime, when the defendant selects advertising media through an advertising agency, the defendant became aware that the advertising media company will pay a certain amount of money to the advertising agency without any difference between direct dealing and advertising expenses.

(3) On April 2012, the Defendant was engaged in F’s logistics-related business.

H is registered in the name of the business in the name of the party.