The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 5 million and by a fine of KRW 1 million.

1. According to the summary of the grounds of appeal, even though it can be sufficiently recognized that the Defendants knew that the instant DNA game machine was opened or altered, the judgment below acquitted the Defendants of the facts charged of this case on the grounds that there was a lack of evidence to acknowledge that the Defendants provided the games machine to customers with the knowledge that the game machine was opened or altered.

2. Determination

A. The summary of the facts charged is that Defendant A operated a general game room in the "E Gameland" located in Busan Dong-gu, Busan, and Defendant B was an employee of the above game room.

No person shall provide game products for the distribution or use of the contents different from those of the rating, or display or keep such products for such purposes.

On March 14, 2012, the game of "dibert" was classified by the Game Rating Board as an ability game with no example, chain, and automatic progress function, and the game was conducted at each user's option.

1) On August 21, 2013, Defendant A, at the foregoing Gameland, set up 20 game equipment, which was revised to have an example function to show the screen of animation and the winning of prizes prior to the winning of the scambling, and offered it to many and unspecified persons for use. Accordingly, the Defendant provided game equipment different from the contents rated by the Game Rating Board. (2) Defendant B provided game equipment for use by facilitating the violation of the Game Industry Promotion Act by being employed by Defendant B, at the same time, at the above place, and by managing the entire design and the entire business.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the game room operated by the Defendants is installed with a total of 60 games.