The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

1. In full view of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant exchangeds with D and exchanged within the instant M Games site, and even though the defendant could sufficiently recognize the fact that the defendant conspireds with A and B, the actual owner of the instant M Games site, the court below acquitted the defendant of the facts charged against the defendant. The part of the judgment below against the defendant is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. The facts charged and the judgment of the court below

A. In this part of the facts charged A, B, and C from May 8, 2012 to January 22, 2013, 2013, the “M Game Center” established 50 players with the “blus social game machine” in Annyang-si L and the “M Game Center” on the second floor, and accumulated the scores obtained through the game on the game in the score storage card paid from the game in the above game site, and the money changers Defendant and D exchanged the customers with 30,000 won cash per 30,000 won per the game money deposited in the score storage card. As such, the Defendant, in collusion with A, B, D, and C, had the customers perform speculative acts by using the game products.

B. The lower court determined that D’s protocol of interrogation of police officers is difficult to believe in light of D’s respective statements at the court and the prosecutor’s office, and it is insufficient to recognize that the Defendant committed the crime as described in the facts charged in collusion with A, B, C, and S investigative agencies at each court of the lower court. As long as it cannot be recognized that the Defendant conspired with A, B, and C, which is a game products related business entity, there is no evidence to acknowledge otherwise, the lower court acquitted the Defendant, who is not the game products related business entity, on the ground that Article 4(1) and Article 28 subparag. 2 of the Game Industry Promotion Act cannot be applied, on the ground that there is no evidence of crime, on the ground that it constitutes a case where there is no evidence of crime.

3. Judgment of the court below

A. Joint principal offenders under Article 30 of the Criminal Act.