The judgment below

The penalty collection portion shall be reversed.

211,934,807 won shall be additionally collected from the defendant.

The remainder of the defendant.

1. Summary of grounds for appeal;

A. Regarding the fact-misunderstanding and violation of the Act on the Promotion of Game Industry by misunderstanding the legal principles, Article 32 (1) 7 of the Act on the Promotion of Game Industry (hereinafter “Game Industry Act”) shall be interpreted as prohibiting “the act of running a business prior to or engaging in re-purchase of tangible and intangible outcomes,” and “exchange” means “the exchange of currencies, currencies, or current currencies with different kinds of different currencies” and “the exchange of currencies is not a currency” that is exchanged by the Defendant. Thus, the instant act of the Defendant does not constitute money exchange. ② The Defendant’s act of this case does not constitute money exchange; ② while the Defendant purchased from the Defendant, it is sold by the Defendant.

However, there has been clear proof of "re-purchase". Thus, there has been clear proof of "re-purchase".

(3) The defendant's act of this case does not constitute "business" because it is not for profit-making purposes, but at the request of customers.

B. The punishment of the lower judgment that was unfair in sentencing (the penalty of 10 months, confiscation, 247, 537, 507) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the court below collected the amount from the defendant on the grounds that the defendant operated the private server of the "I" game as stated in the judgment of the court below, and sold the "I" game to its members and obtained profits equivalent to the same amount.

However, in full view of the evidence duly admitted and examined by the court below, the defendant operated the above private server as stated in the judgment of the court below as criminal facts of the crime No. 2, and operated it as stated in the judgment of the court below. 35,602,700 won to the members who wish to transfer an item.

B. It is possible to recognize the fact that money was exchanged to the game users, and where money was exchanged to the game users, the profit from the crime is obtained from the sales amount to the game users.