The appeal is dismissed.

With respect to the establishment of a violation of the Act on misunderstanding of Facts or misunderstanding of Legal principles, only three copies from among the total 200 pages of the membership cards issued by the defendant after entering the accumulated points at the request of customers (hereinafter “instant cards”) have been issued in an inorganic electronic format.

Rather, the defendant has made full efforts to prevent money exchange in the game room, and some customers have commercialized a bearer card through transactions, and there is no fact that the defendant has given free gifts to customers.

황금포커성 게임기(이하 ‘이 사건 게임기’라 한다) 몰수 부분에 관하여 피고인이 이 사건 게임물을 직접 이용하여 손님들로 하여금 사행행위를 하게 하거나 이를 방치한 것이 아니라 일명 똑딱이(위 게임기의 시작버튼을 자동적으로 눌러주는 장치)와 무기명 전자식 카드를 제공하였을 뿐인데, 손님들이 이를 이용하여 우연히 사행행위를 한 것이므로 이 사건 게임기 자체를 몰수한 것은 위법하다.

The sentence of unfair sentencing (ten months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

In the following circumstances, the part of the lower court’s violation of the Game Industry Promotion Act regarding the assertion of misunderstanding of facts or misapprehension of legal principles can be recognized by comprehensively taking account of the evidence duly adopted and investigated by the lower court, namely, ① the point indicated on the window of the game product of this case refers to the amount of cash invested in the game machine by the customer at the pre-use stage of the game product, and the point indicated on the window of the “bank” refers to the result obtained through the use of the game product by the customer. The Defendant issued the instant card that includes the recording function in a case where the sum of the points remaining in the “credit” and “bank” exceeds 20,000 points, and most points are 10,000 points.