A. The court below found the Defendant guilty of the facts charged of this case even if the purchase price does not exceed 5,00 won due to the household goods, not the authentic goods, and thereby erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. Of the sentencing division, the lower court’s sentencing: a fine of KRW 500,000.

A. Article 28 subparag. 3 of the Act on the Promotion of Game Industry as to the assertion of misunderstanding of facts or misapprehension of legal principles provides that “It does not encourage speculation by providing competitive goods, etc.” as the duty of a game products related business entity. However, this provision provides that “However, this provision shall not apply where all users of a juvenile game providing business entity use game products by the type, payment standards, provision methods, etc. of premiums prescribed by Presidential Decree are applied to game products.” Article 16-2 subparag. 2 of the Enforcement Decree of the same Act provides that “The payment criteria for premiums permitted shall not exceed 5,000 won.”

In light of the contents and purport of the above statutes, it is reasonable to view that the punishment standard under Article 44(1)1-2 of the Game Industry Promotion Act is not the purchase price of the defendant, but the consumer sale price is higher than the consumer price, and the consumer sale price is also based on the general retail store rather than on the defendant's individual.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the trial court: ① products identical or similar to those provided by the defendant as free gifts are sold at prices exceeding 5,000 won each at online retail stores (Evidence No. 11); ② The prices of the instant game gifts purchased by the defendant from the customer are almost 5,000 won per unit (Evidence No. 22-23 of the Evidence No. 3).