A. Article 32(1)7 of the Act on the Promotion of Game Industry that prohibits a business from exchanging tangible and intangible results obtained through games for business purposes. Specifically, the Enforcement Decree of the same Act delegates the subject of punishment.

Therefore, even in the case of “a point” obtained through a luki game as indicated in the facts charged of the instant case (hereinafter “instant game product”), it may be punished only when it constitutes “a means of betting or distribution or an influence method when using a game product” as stipulated in Article 18-3 subparag. 1 of the Enforcement Decree of the Game Industry Promotion Act, which is a provision subject to punishment delegated by the said Act.

Ultimately, even if the defendant exchanged the points obtained through the game of this case where the game user's ability, this does not constitute a exchange of the game products as a result of the prohibition of Article 32 (1) 7 of the Game Industry Promotion Act.

B. The sentence of the lower court’s improper sentencing (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) Relevant Provisions and the Game Industry Promotion Act (hereinafter referred to as the “Game Industry Act”);

Article 44 (Penalty Provisions) (1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 500,000 won:

2. A person who commits an act falling under Article 32 (1) 7 (Prohibition, etc. of Distribution of Illegal Game Products) (1) No person shall commit any of the following acts that undermine the distribution order of game products:

7. The Act on the Promotion of the Game Industry Act that conducts business of exchanging or arranging exchange or re-purchase of tangible and intangible results (referring to game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree, such as points, premiums, and virtual currency used in game) acquired through the use of game water;