The prosecutor's appeal is dismissed.

1. Before the gist of the grounds for appeal, the Defendant had been punished for the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and operated a game with the game with the intent of selling speculative game products. The Defendant sent to G a text message stating that “I start to Busan, the head of the factory of F, the head of the factory of F,” “I start from Busan, the head of Busan, the head of the factory,” and the Defendant’s prosecutor’s investigation. At the time of the prosecutor’s investigation, the Defendant deleted all of the games distributed during the time when I were arrested until all of the games were opened and altered.” The lower court acquitted the Defendant of the facts charged in collusion with the facts charged in light of the contents of the instant case and the facts charged, the lower court did not err by misapprehending the Defendant as stated in the facts charged.

2. Summary of the facts charged in this case

A. The primary criminal defendant is a person who operates a “F” that assembles game flags, etc. in Macheon-si E.

On August 23, 2012, the Defendant: (a) from G, a provider of speculative game products, around August 23, 2012, the Defendant requested the production of a “water-style game” game machine, the game of which was opened and altered after being rated by the Game Rating Board.