All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The “game machine” on the facts constituting a mistake of facts (hereinafter “instant game machine”) is a lawful game product that has been registered in a way that they are regularly. Even if the Defendants issued a game voucher for which the game score was accumulated (hereinafter “instant game voucher”), the instant game voucher contains a member’s name and non-loan number, making it impossible to distribute the above game voucher, and posted a notice prohibiting the transaction of points to E Gameland (hereinafter “E Gameland”), and the Defendants had no intention to commit the instant crime, on the grounds that the Defendants had no intention to commit the instant crime.

(Defendant B) In addition, Defendant B was merely an employee who received daily allowances from Defendant A, and there was no fact that Defendant B did not jointly operate the game of this case with a view to pro rata profits and running the game of this case.

(B) The judgment of the court below that recognized that the defendants conspired to commit a violation of the Game Industry Promotion Act was erroneous in the misapprehension of facts.

B. Each sentence of the lower court against the Defendants (the Defendant A: 2 years of suspended execution, probation and collection in October; 2 years of suspended execution in August; 2 years of suspended execution in August; 10 hours of community service order and confiscation and collection in 100 hours) are excessively unreasonable.

2. Determination:

A. The following circumstances, which are acknowledged by the lower court, comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, (i) the amount originally put into the game machine is converted to the “CREIT” and the points obtained by a flexible method are stored in the “BNK” and the above game points are deemed to have been produced to have been dissipated and not returned. The Defendants can accumulate the game points differently.