The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the game product "the game product" (hereinafter "the game product of this case" is referred to as the game product of this case) was not classified by the Game Rating Board, the game product of this case cannot be deemed to have provided an unspecified number of customers who found "Dpc." on the second floor of Gangseo-gu Seoul Metropolitan Government building C, which the defendant operated by the game product of this case (hereinafter "the game product of this case") for the use of the game product of this case.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. According to the misunderstanding of legal principles Article 457-2 of the Criminal Procedure Act, the case where the defendant requests formal trial shall not be sentenced to more severe punishment than that of the summary order. The defendant's main sentence and incidental disposition of the summary order as to the crime of this case include only a fine of five million won, detention in a workhouse and provisional payment order, and the seizure list number 1 through 7 shall be confiscated.

Although the above confiscated articles were not confiscated due to the absence of an indication, the court below sentenced only the defendant to the confiscation of the above confiscated articles. The court below erred by misapprehending the legal principles on "Prohibition of Disadvantageous Change" under Article 457-2 of the Criminal Procedure Act, which affected the conclusion of the judgment.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the fact that the defendant allowed customers to use the game of this case by entering 100 points in daily,000 won to many unspecified customers who have found the pcs of this case operated by the defendant. Thus, the defendant and his defense counsel's assertion of mistake of facts is without merit.

B. Judgment on the misapprehension of the legal principle