Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

A. As to the Defendants’ choice of law and punishment: the Defendants’ choice of imprisonment, including Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act; Article 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. The Defendants: Article 44(2) of the respective Game Industry Promotion Act; Article 48(1)1 and 2 of the Criminal Act [In the case of Defendant B, the head of the business concerned may recognize the fact that the Defendants received a refund exhibition payment on a daily basis and used it for money exchange (271, 408 pages of investigation records). As such, the cash held by Defendant B at the time of seizure is judged to be all the amount intended to be offered for money exchange or the amount of money possessed in return for money exchange and confiscated.];

1. Defendant B: Article 44(2) of the Game Industry Promotion Act [10% of the daily earnings (10% of the total refund on the day), calculation based on the business period (50% x 3 months x 20 days)] * Whether the confiscation and collection against Defendant A are subject to confiscation and collection, or recognition of collection amount, etc. are not related to the elements of crime, and it is not necessary for strict proof, but necessary, but it is also acknowledged by evidence. If it is impossible to specify the subject of crime proceeds, it shall not be collected (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). The crime of this case is that the Defendant obtained intangible results from the use of game products by customers, so the profits acquired by the Defendant from the crime of this case shall be deemed to constitute the amount obtained by the Defendant through money exchange.

In addition, if there is money exchanged to the game users, the profit from the crime is the remaining amount after deducting the amount of money exchanged to the game users from the sales (see Supreme Court Decision 2012Do7843, Sept. 27, 2012).