The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 30 million.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged concerning the mistake of facts and misapprehension of legal principles (hereinafter referred to as "defendant company") for convenience is erroneous in the misapprehension of legal principles as follows, or in the misapprehension of legal principles, which affected

(1) The prosecutor of the original trial, the representative director of the defendant company, committed a violation under Article 100 subparagraph 2 of the Telecommunications Business Act in relation to the business of the defendant company, which is the co-defendant A of the original trial (hereinafter referred to as "service of changing the number of sender")

) On the premise that the act of providing the defendant company was conducted, a public prosecution was instituted in accordance with the joint penal provisions of Article 103 of the same Act. However, the court below found the defendant company guilty of the above facts charged by changing the offender, who is the premise of applying the joint penal provisions, into E, G, H, etc., who is the employee of the defendant company, not A, and it constitutes a violation of the defendant company's right of defense as it is found guilty without amendment

(2) However, as seen below, the Defendant Company’s management and supervision cannot be recognized, since the Defendant Company’s employees are not employees of the Defendant Company, but the Defendant Company provided its phone number change service on its own in the position of the central agency of the O branch, which belongs to the main office of the Defendant Company, as well as the Defendant Company’s employees.

Even if the defendant company has the duty to manage and supervise the defendant company, A, the representative director of the defendant company, has fulfilled considerable care and supervision in order to prevent the employee's illegal act.