The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. Summary of grounds for appeal;

A. The Defendant delivered the phrase “nicker and side effects,” to the J (hereinafter only referred to as the “J”) of the Advertising Agency, Inc., Ltd., and expressed “nicker and side effects,” such as the instant advertisement, by omitting the “nicker” from the J. Therefore, the Defendant did not have any intention on the instant advertisement.

B. The instant advertisement is not a decent expression, and it is not a decent expression, and as such, it is expressed as “no scarb and side effects,” as an incidental description to the Internet advertisement page. Therefore, the instant advertisement does not constitute an advertisement with a misleading content that does not cause any scarb or side effects.

C. Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles that affected the judgment

2. Determination:

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below as to whether the advertisement of this case was intentional or not, namely, (1) the defendant acknowledged the fact that the investigation agency made the advertisement of this case; (2) the defendant did not dispute not only about the fact that the advertisement of this case was conducted at the investigation agency but also about the purport that it was not harsh to consumers (see, e.g., e., see, e., e., e., 20), the public health clinic and the police, and the defendant presented a statement to the same purport while submitting a statement of vindication two times at the public health clinic and the police; and (2) K, from around August 2010 to posted the advertisement of the defendant hospital on the Internet, around August 201. The above advertisements including the advertisement of this case, are different not only from the design but also from the expression of the advertisement of this case (3-1 to 4 of the evidence submitted by the defendant). In particular, there is no other advertisement.