The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant, by mistake, did not provide free gifts exceeding KRW 5,00,000 for consumer sale price. Thus, the lower court erred by misapprehending the legal principles as to the facts charged in the instant case.

B. The punishment sentenced by the lower court (the amount of KRW 300,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is operating a juvenile game room with the trade name “C”.

Any person who intends to pay free gifts shall be at least 5,00 won in the selling price which serves as a payment criteria for free gifts as prescribed by the Presidential Decree.

around 02:00 on March 29, 2017, the Defendant provided a large number of persons with a gift payment limit by providing a large number of persons, such as a tag, with a tag with a price exceeding 5,000 won in the city-to-door game in Seongdong-gu Seoul, Seongdong-gu, and C Juvenile Game on the first floor, “restrick” game.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the evidence alone presented by the prosecutor that the Defendant offered free gifts exceeding KRW 5,000,00, to the extent that there is no reasonable doubt.

Although it is difficult to see that the facts charged in this case constitute a case where there is no proof of facts constituting a crime, the court below erred by misapprehending the facts and thereby affecting the conclusion of judgment.

1) The fact that the Defendant had been equipped with the instant seal to be attached to the instant seal box (hereinafter referred to as “instant seal”). The fact that around March 29, 2017, on the Internet, the character identical to the instant seal was sold from KRW 9,500 to KRW 15,000 is recognized.

However, there are figures separately produced for personal extraction among the solitary characters, and these figures are the same character.