The guilty portion shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall be imposed on the defendant.

A. In light of the principle of trust and good faith, the court below acquitted the Defendant on the charge of deception, in light of the following: ① the text message sent by the Defendant is not merely known or sent by the Defendant, but also the message sent by a third party for profit equivalent to the information usage fee; ② the long-distance distance cannot be immediately confirmed even through access to the wireless Internet; ③ the Defendant’s act of deception can be acknowledged unless the text message sent by the Defendant did not include the above contents in the text message sent by the Defendant; and, in light of the Defendant’s fee, the content of the content provided by the Defendant, value of the content provided by the Defendant, and the content of text message, the lower court erred by misapprehending the facts.

B. The charge of unfair sentencing (the part on the charge of oil) of the lower court’s punishment (3 million won of a fine) is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged 1) (A) The accused, including K, shows pictures against unspecified mobile phone users via the wireless Internet, and using the mobile phone small payment system to impose information usage fees of less than 3,000 won on the victims without any separate certification procedure. There is no fact that the Defendant sent a note to the victims. In case of charactering the letters dispatched by the Defendant, there is two multiple copies stored in the letter "the victims" with the exception that the information usage fees of less than 3,000 won are imposed.

The victims sent text messages such as "the fact of imposing the above service charges", which led the victims to access the wireless Internet without gathering the above fact, and provided the photographic news service and received money by imposing information service charges.