The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendants constitute a principal agent of a violation under Article 44(1)1 and Article 28 subparag. 2 of the Game Industry Promotion Act, regardless of whether the Defendants conspired with J as business operators. According to the evidence submitted by the Prosecutor, the Defendants are sufficiently aware of the fact that the Defendants, inasmuch as they anticipated the fact that the points are distributed by means of sale and purchase, etc., the membership cards kept by points in the game of this case or the pertinent points are not taken measures to restrict the act of speculation

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. Article 28 subparag. 2 of the Game Industry Promotion Act provides that "no one shall allow a game user to engage in gambling or other speculative acts, or neglect to do so, using the game products." Article 44(1)1 of the same Act provides that "any person who causes another person to engage in gambling or other speculative acts, or leaves another person unattended to do so, in violation of subparagraph 2 of Article 28 shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won." In this context, "the act of causing a game user to engage in gambling or other speculative acts, or neglecting to do so, by using the game products."

(See Supreme Court Decision 201Do8429 Decided May 24, 2012). B.

In collusion with the Defendants, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court are revealed as follows: (a) whether the Defendants conspired to allow users of the game of this case to engage in gambling, other speculative acts using the game products, or to leave them to do so.