The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. On July 27, 2016, the Defendant asserted that he was guilty of fact, resigned from the position of director of H in-house corporation, and on the same day, the Defendant’s spouse was appointed as an inside director and did not thereafter have been involved in the operation of the said post facto cook.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

B. The lower court’s punishment (an amount of KRW 700,000) is too unreasonable to deem the sentencing unfair.

2. Before the judgment on the grounds for an ex officio appeal, the prosecutor applied for an amendment to the indictment to the effect that “after the time” was changed from the trial of the court below to “from August 30, 2016 to November 23, 2016,” and as long as the subject of the judgment is changed by this court’s permission, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.

3. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court concluded a contract to transfer the instant post-industrial cook to K with the representative of J Co., Ltd. who received the post-industrial cook from I as the representative of H Co., Ltd. on August 26, 2015, and the same year.

9. Oct. 10, 200 reported the succession to the status of a cooking business operator to the transferee of the instant post facto cooking facility, and the Yongsan-do Mayor accepted the above report on the same day, ③ However, on May 18, 2016, the said Committee filed an administrative adjudication with the Gyeonggi-do administrative adjudication committee on the grounds that the measure of acceptance of succession to the above status was illegal (Evidence 44 of the evidence record), and the Defendant succeeded to the above status around August 30, 2016.