The defendants' appeal is dismissed.

1. Summary of grounds for appeal;

A. The membership card of the game of this case of erroneous determination of facts is a registered card issued by a person who entered the user's name and mobile phone number, while the person who received the card directly installs a password, and a game user may not transfer the password to another person because he uses the card again, and there is no indication that the transfer of a member card is prohibited at a place where the game room is located. As such, the Defendants did not allow customers to perform speculative acts or leave them to do so using the game of this case.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment with prison labor for six months, suspension of execution for two years, and confiscation/Defendant B: fine of three million won) is too unreasonable.

2. Determination

A. Article 28 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that “The game business entity involved shall comply with the following matters,” and subparagraph 2 of the same Article provides that “The game business entity shall not allow others to engage in gambling or other speculative acts using the game products, or neglect to do so,” and Article 44(1)1 of the Game Industry Promotion Act provides that a person who violates Article 28 subparag. 2 of the same Act shall be punished.

The term "speculative act" in the above provision means an act of determining the acquisition and loss by an incidental method and causing loss or profit to the person who committed the act.

Therefore, in order to fall under the speculative acts stipulated in the above legal provisions, certain property benefits or losses may be incurred. If a certificate issued by a game providing business operator to a game user who uses the game classified as the result of the game has property value that can be distributed among the game users, such as a kind of bearer securities, this is the above property.