A. misunderstanding of facts and misunderstanding of legal principles did not directly establish a multi-friendly game (hereinafter “instant game product”) in a smartphone, and there was no fact that customers provided such game.

The game products of this case are excluded from the classification pursuant to the main sentence of Article 21 (1) 4 of the Game Industry Promotion Act, and do not constitute "game products without classification."

Defendant

B was employed as an employee at a sirens shop upon Defendant A’s request, and there was no fact that he was involved in providing the game product of this case for use.

Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous in the misapprehension of legal principles.

B. Each sentence of the lower court on the Defendants of unreasonable sentencing (Defendant A: fine of KRW 3,00,000, Defendant B: fine of KRW 1,500,000, and fine of KRW 1,500) is too unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, the lower court also asserted that the Defendants were identical to the allegations of mistake of facts and misapprehension of legal principles, and the lower court rejected the Defendants’ respective arguments by providing a detailed statement in its judgment. In light of the evidence duly admitted and investigated by the lower court, the lower court’s judgment is justifiable, and the materials submitted by the Defendants in the trial alone do not interfere with the recognition of the facts charged in this case, and thus, the Defendants’ assertion

B. The Defendants did not appear to have a substantial interest in the Defendants’ assertion of unfair sentencing as to the Defendants’ assertion of unfair sentencing, and it appears that the Defendants did not have existed before the instant crime, but in the instant case, the Defendants provided game products that did not have been classified in disguised manner by using a game product without a rating, and the nature of the crime is not good in light of the method of crime.