The judgment below

Of them, the part on fraud is reversed.

Defendant shall be punished by a fine of 1.5 million won.

Defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, including C’s statement about the use of private electromagnetic records, etc., it is recognized that the Defendant prepared and exercised an application for Internet and IPTV service without C’s consent.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. As to fraud, in light of the fact that the defendant used the Internet and IPTV services and did not pay the fees, the criminal intent of defraudation is recognized.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for amendments to a bill of amendment to the indictment with regard to the fraud at the time of the trial as stated in the following facts charged. Since this court permitted this, the subject of the trial changed by the court below, the part of the judgment below as to the fraud cannot be maintained any further.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.

3. Judgment on the assertion of mistake of facts

A. With regard to the exercise of private electromagnetic records, etc., the court below held that C made a statement with regard to direct evidence that corresponds to this part of the facts charged, with regard to the use of private electronic records, etc., and private electronic records, etc., among the facts charged in this case. Based on the evidence duly adopted and investigated by the court below, it is difficult to believe C’s statements in investigation agency and court below’s reasoning, and the remaining evidence alone are insufficient to recognize the facts charged. Thus, this part of the facts charged is without proof of a crime.