All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As stated in the facts charged in the instant case, the Defendant did not agree to allow the victim to use the female toilet as a place of business by exceeding the customer database equivalent to 50,000 persons and expanding the female toilet part.

B. The lower court’s sentencing (two years of suspended sentence in April) of the Defendant’s imprisonment (two years of suspended sentence) is deemed to be too uneasible and unfair.

2. Determination on the grounds for appeal

A. In full view of the following facts and circumstances acknowledged by the lower court’s assertion of mistake of facts or misapprehension of legal doctrine and the evidence duly adopted and investigated by the lower court, the instant facts charged are found guilty.

Therefore, the defendant's assertion is not accepted.

In light of the purport that the Defendant and the victim conclude a business license transfer agreement on the “F” point, the Defendant and the victim may expand and use a female toilet as the special terms and conditions in the contract. The phrase “I legally transfer and transfer the phone number and the existing customer database to the victim,” etc., it is difficult to interpret that the said obligation is merely a simple duty of cooperation, not a contractual obligation.

With respect to the expansion of female toilets, in light of the following circumstances, it is determined that the defendant concluded the above contract with the belief that the victim could be able to extend and use toilets by expanding the toilets adjacent to the Gangnam point of the "F" without the consent of the owner of the above building or the manager of the management office, despite the fact that the defendant could not use the toilets adjacent to the Gangnam point of the "F" as a place of business, the defendant could not use the toilets as a place of business.

① According to the record No. 18 of the evidence list No. 18, the defendant stated that he is fine for the expansion of toilets to the victim.