The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (e.g., punishment of the lower court: 2 years of imprisonment; 2 years of confiscation; 4 months of imprisonment) of the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

After completing a separate hearing on the defendant, each of the above courts rendered a judgment of conviction, and both the defendants appealed against the judgment of the court below, and the court decided to consolidate the appeal cases.

However, since each crime of the judgment of the court below against the defendant guilty is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act.

Ultimately, the part against the defendant cannot be maintained in the first judgment and the second judgment.

3. As seen above, the part against the defendant in the first and second original judgments pursuant to Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, shall be reversed, and the remaining parts shall be reversed, and it shall be decided again by the oral argument as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the entries in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts and Articles 44(1)2, 32(1)1, and 30 (excluding Article 30 of the Criminal Act for a crime committed from January 21, 2015 to February 22 of the same month) of the Criminal Act, Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act (the fact of exchanging game products’ results in exchange business, the crime committed from January 21, 2015 to January 22, 2015) and special cases on regulation and punishment such as speculative acts.