The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal;

A. According to the statement of M in an investigative agency and the lower court and the Defendant’s investigative agency’s statement as to the point of time when the Defendant became aware of mixed collection, it refers to the food waste discharged from a general household waste collection and small restaurant for household use at least at least around January 2012, or at least January 2012, 2012, when the Defendant charged a charge for collecting and transporting food waste on behalf of the Defendant (hereinafter “transport commission”) at the beginning of February 2012.

In addition, it refers to food waste discharged from a collective meal service establishment or a restaurant with at least 100 square meters of the total daily area of at least 100 persons in a large quantity of waste-generating business place.

It was known that a mixture is collected and transported.

B. As to the existence of the crime of deception and deception, the Defendant entered into a contract on waste collection and transportation services only with the head of Chungcheong city for household garbage, and the Defendant collected and transported large volume of household garbage by mixing the waste of a business site discharging large amounts of waste at the Chungcheong city, but according to the terms and conditions of the contract, and filed a claim for the transportation fee including the quantity of waste at the Chungcheong city. As to the fraud in which the Defendant is the beneficiary, it can be sufficiently recognized that the Defendant has committed deception and fraud with respect to the transportation fee corresponding to the volume of waste of a business site discharging large quantity of waste. (ii) Furthermore, the Defendant transport the collected household garbage to G Co., Ltd. operated by F and received the disposal cost on the basis of the quantity of the waste disposed of at the Chungcheong city after disposing of the above household garbage, without notifying F of the mixture of the fact that the Defendant collected the waste by mixing it with the waste of a business site discharging large quantity of waste at the Chungcheong city.