1. Article 2(1)6 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (hereinafter “Act on Regulation and Punishment of Speculative Acts”) provides that “speculative gaming machines” means machines and instruments, etc. that are likely to attract speculative spirit, such as mechanical slot machines and speculative electronic gaming machines, in addition to the slot machines under subparagraph 5.

Here, the determination of whether a person constitutes “a machine or apparatus, etc. likely to cause a speculative spirit” should not be based solely on its original usage or nature, but be based on the following factors: the purpose of use, method and form of use, whether a person pays money or exchangeable free gifts in accordance with the result of use, degree and scale of use, and whether a person actually exchanged free gifts in cash, etc.; and the speculative nature of business methods such as the provision of free gifts or exchange should be comprehensively considered.

(see, e.g., Supreme Court Decision 2007Do4702, Oct. 26, 2007). Such standard of determination is to revoke the rating classification decision pursuant to Article 22(4) of the Game Industry Act on the ground that a game product already rated pursuant to the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) constitutes a speculative machine subject to regulation or punishment pursuant to the Speculative Act, etc. after the rating decision was determined.

2. The lower court, on the following grounds, determined that the instant game products do not constitute speculative game products excluded from the application of the speculative machine or the Game Industry Act, which is subject to regulation or punishment under the Speculative Regulation Act, etc.

The user of the game of this case cannot be seen at any time in the flow of the time when the high-value winning (referring to the case where the so-called "high-quality winning" in the game) is scheduled, and the process of the operation of the game of this case and the method of the high-value winning.