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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is a kind of securities that can charge the game money equivalent to cash to customers, and the act of returning the game money acquired as a result of the game to the game users again may cause speculative spirit. However, the judgment of the court below which acquitted the Defendants of the facts charged of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① to operate a soil game in the instant game site, the game money should be charged by accessing the “too game” site installed on the computer; ② to use the instant game site, G purchased coophones for filling 30,00 won from the Defendants, and returned 20,000 won of remaining game money to coophones. The above game was used as entertainment, and the above coophones used again in the PC or house and stated that the above coophones did not change the above coophones into cash; ③ The above coophones that can be charged with the game money can not be seen as being used for the purpose of “too games” and it cannot be viewed as being used for other speculative activities by the Defendants, in light of the following circumstances:
Therefore, the judgment of the court below to the same purport is legitimate, and the prosecutor's above assertion is justified.