The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant did not deceiving the victim company, and the Defendant did not request the victim company to provide stolen goods and is not recognized as a causal relationship between the Defendant’s act of not requesting the provision of stolen goods and the act of paying fees to the victim.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated in the trial of the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the fact that the Defendant received the customer attraction fee from the victim company as stated in the facts charged and acquired it can be fully recognized.

Therefore, the court below did not err by misapprehending the facts or by misapprehending the legal principles.

1. D will act on behalf of customers using the telecommunications services of another company and pay in lieu of penalty.

Along with the fact of the contract for the payment of penalty for breach of contract, the victim's business management program did not enter the fact of the contract for the payment of penalty for breach of contract in the business management program of the victim company, and the victim company provided only the amount of the goods notified D after deducting the amount of the contract for the payment of penalty for breach of contract, and paid the customer attraction fee per week.

Fees have been settled on a weekly basis and paid on the next week following the unification of new products.

② According to Article 5 of the Sales Store Agreement between D and the victim company, the victim company shall pay a customer attraction fee separately determined, in principle, to verify the fact that the goods were opened and promised to be opened to the customer and the goods were paid to the customer. According to Article 10, the victim company shall be liable for the payment of the private goods (Article 10). However, upon request of D, the victim company shall pay to the customer the private goods on behalf of the customer.