The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) follows: (a) the act of the defendant puts the body flag with the number tag attached to the defendant, let the customers fish, and then the act of paying the goods in accordance with the number tag attached to the water height tag is merely the act of leading the customers; and (b) the act does not constitute the act of speculative acts stipulated in the Act on Special Cases concerning Regulation and Punishment

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case by misapprehending the legal doctrine.

2. The Defendant argued to the same effect in the lower court.

On the grounds stated in its reasoning, the lower court convicted the Defendant of the instant facts charged by deeming the Defendant’s act as a speculative act.

In addition to the above judgment of the court below, the following circumstances revealed through the evidence duly admitted and investigated by the court below, that is, the goods offered by the defendant directly for agricultural production, are the goods for rice and 3,000 won, and there is no significant burden for the defendant to acquire them.

In full view of the fact that the value as a product appears to be sufficient, the lower court’s determination is justifiable (see, e.g., Supreme Court Decision 2008Do4736, Aug. 21, 2008). In so doing, the lower court did not err by misapprehending the legal doctrine or by misapprehending the legal doctrine as alleged by the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.