1. The summary of the facts charged of the instant case is as follows: “The Defendant, as a dealer of the instant firearms sales business, submitted a certificate of shooting players in order to obtain the possession of the instant firearms manufactured for shooting and export purposes. However, during the period from October 17, 2006 to September 29, 2008, without attaching a purchaser’s certificate of shooting players to sell the instant firearms to the general public, the Defendant obtained the permission of possession of the instant firearms by stating that the use of the instant firearms was for harmful tidal purposes in the application form for possession of the instant firearms and obtaining the permission by false or other unlawful means, without attaching the purchaser’s certificate of shooting players.”

2. The lower court determined that the Defendants did not submit a certificate of shooting players to obtain permission to possess the instant firearms (a kind of air gun) manufactured for shooting and export purposes, but on the following grounds, determined that the facts charged by the Defendants did not constitute a crime, and thus, reversed the first instance judgment convicting the Defendants, and acquitted the Defendants.

Article 72 subparagraph 7 of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter referred to as the "Act") provides that "any person who has obtained permission or license under this Act by fraudulent or other illegal means shall be punished by imprisonment for not more than three years, or a fine not exceeding seven million won," and Article 12 (1) of the Act provides that "where he/she intends to possess a gun, etc., he/she shall obtain permission from the commissioner of the competent district police agency or the chief of the competent police station," and Article 12 (3) of the Act provides that "the scope of permission to possess a gun, etc. shall be prescribed by Presidential Decree by type and use," and Article 14 (1) of the Enforcement Decree thereof (hereinafter referred to as the "Enforcement Decree") provides that "the kinds of guns, etc. and the scope of permission to possess a gun by use