The judgment below

The non-guilty portion shall be reversed, and this part of the case shall be remanded to the Suwon District Court Panel Division.

The grounds of appeal are examined.

1. In full view of the provisions of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) and the Enforcement Decree of the Game Industry Act, and the legislative and amendment process of the Enforcement Decree of the Game Industry Act, game money, etc. transferred after accessing another person’s personal information to a game product constitutes “game money or data, such as game items, produced or acquired by using another person’s personal information” under subparagraph 3 (c) of Article 18-3 of the Enforcement Decree of the Game Industry Act, and the act of exchanging, exchanging, arranging for exchange, or re-purchase of game money, etc. so acquired is subject to punishment under Article 32(1)7 of the Game Industry Act (see Supreme Court Decision 2014Do838, Nov. 13, 2014). 2. The lower court determined that the instant case, which the Defendant exchanged, acquired as a result of a legal act outside the game product, and does not constitute “acquisition of personal information by another person” under Article 32(1)7 of the Game Industry Act and Article 18-38(13(c) of the Enforcement Decree of the Game Industry Act.

3. However, it is difficult to accept the above determination by the lower court.

The judgment below

Therefore, even according to the reasoning, the Defendant connected the account created by using another person’s personal information to the online game server, and received the instant Anden through a transaction window between characters in the game. According to the evidence duly admitted and investigated by the lower court and the first instance court, the Defendant’s transfer of Anden in the online game was conducted after accessing the Nnan online game server to the Defendant, and then moving the character to a virtual space in the game where the character of the Defendant intended to sell Anden is located.