All appeals by prosecutors are dismissed.

A. Fact-finding 1) Although Defendant did not sell five physical fitness games to H around December 2010, the lower court found this part of the facts charged and convicted the Defendant, thereby affecting the conclusion of the judgment. In full view of the evidence submitted by the prosecutor, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court acquitted the Defendant of this part of the facts charged, by misapprehending the fact that the Defendant had heard the police officer’s radio communication as stated in the facts charged, even though it could acknowledge the fact that the Defendant

B. 1) The sentence imposed by the lower court on the Defendant (one year and two years of imprisonment, two years of suspended execution, probation, social service, 300 hours, confiscation, and collection 1 million won) is too unreasonable. 2) The sentence imposed by the lower court on the Defendant by the public prosecutor is too unreasonable and unfair.

2. The judgment of the court below on the violation of the Act on the Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and the Punishment of Speculative Acts, Etc. was duly adopted and investigated on the ground of the following circumstances acknowledged by the court below, namely, at the time of the first interrogation of the suspect, the defendant stated that "the defendant was sold to He at 300,000 won per 1,000 won during the first interrogation of the suspect." In the second interrogation of the suspect, the prosecutor stated that "I would not have sold the physical posters game machine to H, but there was a fact that I would have sold the physical posters game machine to H," and in the third interrogation of the suspect, on June 2010, he did not know that I would have installed and sold five the physical posters game machine to H in the first interrogation of the suspect. He did not know that he had installed and sold the game machine to the extent of employee's labor costs.