The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The penalty (one million won of fine) declared by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of violation of the Act on the Promotion of the Game Industry of this case is highly likely to cause social harm by encouraging citizens to commit an excessive speculative spirit, and undermining sound labor awareness, and the crime of aiding an offender of this case requires strict punishment as to obstructing criminal justice action for the preparation of illegal game room.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the degree of participation in the instant crime is not more severe than other accomplices, the period of operation of the instant illegal game room is shorter than that of other accomplices, the Defendant’s interest acquired by the instant crime is not much higher than that of the instant illegal game room, and there is no record of punishment. In full view of the following, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection of Punishment, Article 30 of the Criminal Act (the point of providing game products that have not been rated, the selection of fines), Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 151 (1) of the Criminal Act (the point of transferring game products to money, the choice of fines), Article 151 (1) of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.