All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant B (No. 1) was owned by U.S. and lent it to Defendant B, and U did not know that Defendant B was using the said game machine for the instant crime. As such, the lower court sentenced Defendant B to a judgment that the said game machine was returned to U, but the lower court rendered a judgment that was confiscated by Defendant B. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too inappropriate for the remaining Defendants.

(c)

The sentencing of the lower court against the Defendants by the public prosecutor is too uncomfortable.

2. Determination

A. According to Articles 32(1)7 and 44(1) and (2) of the Act on the Promotion of Game Industry (hereinafter “Game Industry Promotion Act”), a person who conducts an act of converting into money or arranging exchange or re-purchase of tangible and intangible results (referring to points, premiums, virtual currency used in the game and others similar thereto as determined by the Presidential Decree) obtained through the use of game products shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won, and a person who conducts an act of converting into money or mediating exchange or re-purchase of game products owned or possessed by the person corresponding thereto shall be punished by forfeiture of them, and if it is not possible to confiscate them, an amount equivalent thereto shall be collected.

In light of the legislative purport of the Game Industry Promotion Act, such as the contents of each of the above provisions, the eradication of speculative game products, and the creation of a healthy game culture, game products owned or occupied by a person who conducts an act of exchanging or arranging exchange or re-purchase of intangible results obtained through the use of game products in violation of Article 32 (1) 7 of the Game Industry Promotion Act shall be water.