Defendant

A shall be punished by a fine of KRW 3,00,00, and by a fine of KRW 700,000.

2. The Defendants’ act in this case infringed the legal interest and protection of the law on the Promotion of Game Industry for the distribution order of game products and the creation of a healthy game culture.

Meanwhile, in full view of all the circumstances, including the Defendants’ age, character and conduct, the background leading up to the instant crime, circumstances after the instant crime, economic situation, etc., and all the sentencing conditions specified in the records and arguments, the lower court’s punishment against the Defendants is unreasonable, in light of the following: (a) the Defendants’ failure to engage in the subsequent game business; (b) the Defendants did not have the same criminal power; and (c) Defendant B’s participation in the instant crime is somewhat minor; and (d) the Defendants’ age, character and conduct, circumstances after the instant

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 44 (2) of the Game Industry Promotion Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;