A. Defendant A (unfair imprisonment for 8 months, additional collection for 2.1 million won) is too unreasonable.

나. 피고인 C 1) 사실오인 피고인은 A에게 이 사건 게임장을 양도하면서 사행행위나 환전행위를 하지 말라고 조언하였으므로. 피고인에게는 A의 게임산업진흥에 관한 법률 위반에 대한 방조의 고의가 없었다. 2) 법리오해 ‘똑딱이’를 제공하여 게임에 사용하도록 하는 것은 게임산업진흥에 관한 법률이 규정하는 ‘등급을 받은 내용과 다른 내용의 게임물을 이용에 제공한 경우’에 해당하지 않는다.

In addition, Article 28 Subparag. 2 of the Game Industry Promotion Act provides that “act of allowing a game user to engage in gambling or other speculative acts, or leaving a game user to do so, by using a game product” means allowing a game user to actually engage in gambling or other speculative acts, or aiding and abetting or neglecting such act despite the commission of gambling or other speculative acts. It does not constitute simply placing a game user in a state where the game user can engage in gambling or other speculative acts by installing the game product.

In light of this, the principal offender’s act does not constitute “a case where a person has engaged in speculative acts using game products” and thus, the Defendant does not constitute a aiding and abetting offense against the violation of the Act on the Promotion of Game Industry, A.

3) The lower court’s sentence of unreasonable sentencing (two months of imprisonment) is too unreasonable.

2. Determination

A. The act of aiding and abetting the Defendant C’s assertion of mistake of facts refers to any direct or indirect act that facilitates the principal offender’s criminal act with the knowledge of the fact that the principal offender committed a crime, and aiding and abetting and abetting the principal offender’s act is not only in the process of the principal offender’s act but also in the process of the principal offender’s act of aiding and abetting and abetting it.