All the judgment below is reversed.

Defendant

The sentence against A shall be six months of imprisonment, and the defendant B shall be punished.

1. The gist of the grounds of appeal is as follows: (a) Defendant A, the representative director of the Defendant B (hereinafter referred to as “Defendant B”), and M, the representative director of the Defendant J (hereinafter referred to as the “J”), taking into account the contents of the advertisement planning, the travel contract, the goods and the management contract (hereinafter referred to as the “instant contract”), and the practices of the sales advertising industry, etc., the fact that the Defendants installed a banner directly on the part of the Defendants can be acknowledged.

Even if the defendants supplied the banner to M without installing the banner, the defendant A, knowing that the banner will be installed illegally, made and supplied the banner in collusion with it.

Therefore, Defendant A is a joint principal offender for the violation of the Management of M and Outdoor Advertising Products, etc.

Nevertheless, the lower court erred by misapprehending the facts and acquitted all the Defendants.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The prosecutor added Article 30 of the Criminal Code to the criminal defendant A, and applied for amendments to the indictment as follows.

This court allowed changes in the bill of amendment to the indictment and became different.

[Defendant A’s charge modified]

1. Defendant A is a representative director of Company B, who is engaged in apartment sale agency or advertising business.

Any person who intends to display or install advertisements, etc. prescribed by Presidential Decree shall obtain permission from or report to the competent authority, and shall not display or install advertisements, etc. in areas, places or objects prescribed by Presidential Decree in order to preserve scenic landscapes and public morals, prevent harm to the general public, and create a healthy and pleasant living environment, as prescribed by Presidential Decree.

On December 2, 2014, the Defendant is running an advertisement planning and a counter-act with the representative M in JJ M.