The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million, confiscation) of the lower court’s punishment (e.g., a fine of KRW 10 million) is too uneased and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) the period of the instant crime is relatively short; (c) the Defendant’s game machine using the instant crime was confiscated; and (d) the Defendant has no record of having been punished for the same kind of crime.

However, the crime of this case is committed by the defendant as a business of running speculative business by using a speculative gaming implement within an educational environment protection zone (200 meters) and exchanging points obtained by customers through the use of game products in cash during such a business process. This not only undermines the promotion of the game industry and the healthy game culture of the people, may cause social harm and side effects caused by the speculative lighting, and may have an adverse impact on the student's educational environment, etc. Therefore, there is a need to strictly punish the crime, and the defendant is not liable for such crime as the game room business.

Considering the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime of this case, etc., the lower court’s punishment is deemed to be too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;