A. In fact-misunderstanding and legal principles, the “new game products” provided by the Defendant (hereinafter “the instant game products”) cannot be said to constitute the winning of division by scores from a certain background and a certain point of view after the game was cut out. As such, the instant game products cannot be said to constitute the winning of division.

The game water management committee determines that the content of the game product was modified at the Game Water Management Committee, but it is not necessary to change the rating, and the game product of this case is not different from the game product of which rating is classified. Thus, the game product of this case is not a game product.

Even if the Defendant did not know that the instant game product was different from the game product classified as rating, the Defendant did not know that it was a game product with a content different from the game product

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, Article 21(1) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that a person who intends to produce or distribute a game product for the purpose of distributing a game product or for the purpose of providing it for the use thereof shall receive a rating classification as to the contents of the game product in question before producing or distributing the game product in question. Article 21(5) of the Game Industry Act and Article 9-2(2) and (3) of the Enforcement Rule of the Game Industry Act provide that where the contents of the game product classified are modified to the extent that it is not necessary to change the rating, the rating shall be maintained, but where the changed contents are modified to the extent that it is necessary to change the rating, the rating classification shall be re-classified, and where the changed contents are modified to the extent that it is necessary to change the rating, the person shall apply for the rating again pursuant to Article 21(1) of the Game Industry Act.

On the other hand.