The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant could sufficiently be recognized as having engaged in the business of exchanging cash exchange slips (the score storage certificate, hereinafter “mark storage certificate”) which are the result of the game in the game in this case, but the judgment of the court below which acquitted the defendant is erroneous in matters of law.

2. Determination

A. The summary of the facts charged is that anyone is prohibited from exchanging tangible and intangible results obtained through the use of a game product as a business, but the Defendant, from August 10, 2010 to October 19:26 of the same year, had a business of exchanging the tangible and intangible results acquired through the use of a game by exchanging the amount calculated by deducting the points custody certificate obtained by many unspecified persons, including E, around the D Game Center located in Seogpo City C from the amount of August 10, 2010 to October 13, 2013 of the same year from the amount of 5,000 won per face value per 5,000 won per game.

B. The lower court determined that the evidence submitted by the prosecutor alone was insufficient to find the Defendant guilty of the instant facts charged on the following grounds.

① E made a statement to the effect that the police assigned employees to exchange and changed the certificate of 54,000 won (5,000 won) to money exchange. However, E received a report from the above game site to the police, which interfere with the business of the above game site, and was reported to the police, and the above game site and the trial expense were attached to E, and the game site employees H did not state that the defendant was money exchange, taking full account of the fact that E, as well as I, J, K, L, and M, which are customers, did not mention the money exchange, it is difficult to believe the above statement of E.

② At the lower court’s court, F and G are on the spot where a user of the game room has a certificate of keeping points and receives money from the Defendant while investigating divings in the nearest area of the game room.