The judgment of the court below is reversed, and the case is remanded to the court below.

1. The gist of the grounds of appeal is that the instant fraudulent act deceivings the Defendant by sending the same text messages using the wireless network provided by the telecommunications business operator, and its equipment lies in the form from September 9, 2009 to January 20, 2010 when the victims make payment through the small-sum settlement system, and the period from September 9, 2009 to January 20, 2010 when the victims sent the text messages were sent, and the persons who received the text messages and settled the mobile phone small-sum settlement system for the pertinent period are victims, and the amount their payments were specified as the amount of damage, and the victims’ telephone numbers and settlement details were confirmed by the CD submitted to the court. Thus, the instant facts charged was specified.

However, the court below dismissed the public prosecution of this case on the ground that the victim was not specified on the ground of excessive form logic, and there is no specific criminal facts. Therefore, the court below erred by misapprehending the legal principles.

2. Alteration of the indictment in the facts charged in the original judgment and the trial of the political party;

A. From around 2008, the Defendant of the facts charged in the lower judgment conducted a radio Internet content provision business using the radio network provided by telecommunications business operators, such as SK Telecom, K, G, H, I, J, K, L, M, N,O, P, etc., by providing the wireless Internet content to the non-phone users and settling the fee including the fee for the use of the mobile phone.

When the Defendant provided the wireless Internet contents to the cell phone users and allowed them to access such contents, the Defendant knows that the content is merely a collection of pictures from the domestic women, and that the cost of viewing the above pictures by accessing the above site operated by the Defendant reaches 2,90 won, it would not be allowed for the cell phone users to access the contents.