The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, among the five boxes of the instant physical posters game using mistake, only when there were three customers by the end of October 2014, and until the enforcement date of the control, the rest of the two was controlled by purchasing more than the end of February 2015 and keeping them separately.

With regard to the surcharge collection charge of KRW 4.7 million, three of the five game machine will be a guest, as mentioned above, but the actual party room did not have many customers, and the unfair profit did not have much.

Nevertheless, the court below found the defendant guilty of the charges of this case concerning five game machines and sentenced a surcharge of 4.7 million won, which affected the conclusion of the judgment, by misunderstanding the facts.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment, confiscation, additional collection of 4.7 million won) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, including each statement and seizure protocol, etc., written by the Defendant and his accomplices in an investigative agency as to the assertion of fact, the fact that the Defendant operated “G party room” on the 2nd floor from October 2014 to February 15, 2016, where the game water management committee’s classification was refused, the Defendant carried out the speculative act as a business by installing five game units for the game using the game and exchanging the game in accordance with the result (three of the five game teams from October 2014 to December 2015) (i.e., KRW 14 months, five of the five game teams from January 2015 to February 15 x February 15, 2015 x KRW 100,000 won x 30,000 won x 10,000 won x 10,000 won x 14 months x 3 months.

Therefore, the judgment of the court below is justified and there is no error of mistake of facts as alleged by the defendant.