The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although misunderstanding of facts or misunderstanding of legal principles acknowledged that the Defendant issued the right to use points to customers among the facts charged in the instant case, there was no fact that customers sold or commercialized the right to use points, and even if the customers sold or commercialized the right to use points among themselves, the Defendant did not have the awareness of illegality intentionally or negligently.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. Article 28 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that “one of the matters to be observed by game water-related business entities shall not allow others to engage in gambling or other speculative acts using game water or leave them to do so,” and Article 44(1)1 of the Game Industry Act provides that a person who violates Article 28 subparag. 2 of the Act shall be punished.

Speculative acts referred to in the above statutory provisions mean the act of determining the acquisition and loss by an incidental method and causing loss or profit to the person who committed the act.

Therefore, in a case where the acquisition and loss of a game provided by a game providing business entity according to the rating classification is determined by a game providing business entity, and where the certificate, etc. provided to a game user as a result of the game has exchange value that can receive and distribute the price among the game users, the issuance of the above certificate, etc. as a result of such game constitutes the act of speculative acts using the game water.

At this time, the name and telephone number of the game user who has been issued by the game providing business operator as a result of the game.