The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not provide game water different from the rating classification for use, and the judgment below erred in the misapprehension of facts.

B. The punishment of the lower judgment that was unfair in sentencing (the imprisonment of eight months, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Legal doctrine as well as the content itself of a game product and the method of operating the game product closely related to the realization of the contents of the game product, and the act of providing the game product for use by changing the contents different from the contents stated in the game product description attached thereto, should also be deemed as constituting “providing the game product that differs from the contents received by the rating” under Article 32(1)2 of the Game Industry Promotion Act (see Supreme Court Decision 2013Do9831, Nov. 13, 2014). (b) According to the factual inquiry into the game water management commission duly adopted and investigated in the trial at the lower court, the following facts are recognized.

(1) An application for classification of the rating of game products provided by the defendant shall be stated as follows: "The number of accounts that can be used by one user shall be at least three, and the monthly purchase limit of each user shall be at least 300,000 won."

(2) Where a person who uses the above game product purchases an item, the game machine may be paid, and users may use the game machine and participate in the game such as sackers.

③ However, the Defendant operated a business by receiving money from the PC customers and charging money directly to the computer games used by customers through the “Manager Paton”, and there is no indication of such operating method in the above rating application.

④ In the case of providing game water in the above manner, customers are not subject to restriction on the monthly purchase limit of items, so they are able to freely use the said game water.

Modern, as above.