The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The abstract of reasons for appeal ① there is no evidence to prove that the defendant has actually performed gambling or other speculative acts in the game room;

② The Defendant attached a phrase prohibiting money exchange to the wall of a game room, and paid attention to fostering only 20 to 30 minutes, and endeavored to prevent speculative acts by operating a membership card system in writing, etc., and did not neglect to perform speculative acts.

2. Comprehensively taking account of the following legal principles and the evidence duly examined and admitted by the court below, it is insufficient to recognize the fact that customers actually engage in gambling and other speculative acts in the “F Game Center” as stated in the judgment of the court below (hereinafter “the Game Center of this case”) by only the evidence submitted by the prosecutor, and the defendant prevented them from doing so, or the defendant caused them to do gambling and other speculative acts, and there is no other evidence to acknowledge this otherwise.

Therefore, the defendant's argument is justified.

(1) Article 28 subparag. 2 of the Game Industry Promotion Act provides that "no one shall allow a game user to gamble or perform other speculative acts, or leave the game to do so, by using the game water." Article 44 subparag. 1 of the same Act provides that "any person who causes another person to gamble or perform other speculative acts, or leaves the game to do so, in violation of Article 28 subparag. 2 shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won." Here, "the act of causing another person to perform gambling or other speculative acts, or neglecting to do so" means that a game user actually performs gambling or other speculative acts by using the game water, or aids or leaves the game user to do so even though he/she actually performs gambling or other speculative acts," and simply by installing a game water, the act of causing a user to gamble or perform other speculative acts.