All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A misunderstanding of the facts does not commit the crime described in the instant facts charged in collusion with Defendant B.

2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended execution, confiscation) is too unreasonable.

B. Defendant B 1’s misunderstanding of the facts or misapprehension of the legal doctrine on the Promotion of the Game Industry Act (hereinafter “Game Industry Act”) constitutes a criminal committed by commission. Defendant B is merely an assistant of the game room E (hereinafter “instant game room”) and is not an “game water-related business entity” under Article 44(1)1 of the Game Industry Act. Thus, Defendant B is not obligated to prevent speculative acts under Article 28 subparag. 2 of the same Act.

Therefore, Defendant B is not a joint principal offender for the violation of the Act on the Game Industry of this case, but a aiding and abetting offender. 2) The sentence of the lower court’s unfair sentencing (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principles on Defendant B’s assertion of mistake of facts or misapprehension of the legal principles on Defendant B’s crime committed by commission of the said commission (A) Article 28 of the Game Industry Act provides that, one of the matters to be observed by the game water-related business operators, “no one shall allow another person to engage in gambling or other speculative acts by using game water or leave such things to do so.” Article 44(1)1 of the Game Industry Act provides that a person who violates Article 28 subparag. 2 of the said Act shall be punished.

Speculative acts referred to in the above statutory provisions

means determining the acquisition or loss by an incidental method and causing property loss or benefits to the person who committed the act.

Therefore, the acquisition and loss of the game provided by the game providing business operator according to the rating classification is determined in a proficial way, and the certificates, etc. provided to the game users as the result of the game are given and received from the game users.