A. misunderstanding of facts and misunderstanding of legal principles, Defendant A did not engage in a speculative act by using game products, such as exchanging banking points in cash, while operating a “D Game Site” located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant Game Site”), and Defendant B did not participate in such act.

Nevertheless, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. Each sentence (Defendant A: Imprisonment with prison labor for 8 months, suspended execution for 2 years, confiscation, and fine for 3 million won) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts and misapprehension of legal principles must be made to the extent that there is no reasonable doubt as to the formation of a conviction in a criminal trial. However, it is not required to exclude all possible doubts, and rejection of evidence recognized as probative value is not allowed beyond the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers not to all questions and correspondence, but to the reasonable doubt as to the probability of a fact that is not compatible with the facts in accordance with logical and empirical rule, and it is necessary to establish the basis for this sexual reasoning that is grasping the circumstances favorable to the defendant in relation to the fact finding, so it cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt (see, e.g., Supreme Court Decision 2004Do2212, Jun. 25, 2004).