A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The sentence of the court below against the defendant (two months of imprisonment, confiscation) is too unreasonable.

Judgment

It is recognized that the crime of this case can not be deemed that the crime of this case is light in light of the fact that there is a great social harm, such as encouraging the speculative spirit of the people and impeding sound labor awareness, and that it cannot be deemed that the crime of this case is light.

However, in full view of the following: the Defendant’s mistake is divided and reflected through confinement life for the last three months; the Defendant is going to be employed in a non-affiliated company and again stop such crime; the size of the Defendant’s business establishment appears to be considerably small; there is no record of criminal punishment exceeding the previous or fine; favorable circumstances such as the Defendant’s existence of dependents; and other favorable conditions for sentencing as indicated in the argument of this case, such as the background of the crime of this case; circumstances after the crime; Defendant’s age; Defendant’s personality and behavior; thus, the Defendant’s assertion is deemed to be unreasonable because it is too unreasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 44 (1) 2 and 32 (1) 1 (the point of providing for the use of unregistered game products) of the Act on the Promotion of Game Industry, the point of exchanging game products as a result of the game industry, and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Confiscation.