The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The grounds of appeal (misunderstanding of facts and misapprehension of legal principles) did not indicate the figure of this case at all, and there is no ground to view it as a non-relic or paper because the bar code is attached differently from the ordinary non-relic, and as a result, the bar code attached to the figure of this case was searched into a smartphone app, the consumer selling price was 12,500 won.

Although it is apparent that the sale price exceeds 5,000 won, the court below which acquitted the defendant has erred by misunderstanding facts and misunderstanding of legal principles.

2. Determination

A. The lower court determined that the Defendant’s search of bar codes attached to the instant figure by smartphone app at the time of crackdown, which was confirmed to have been KRW 12,500,00, but it is difficult to readily conclude that the Defendant’s price exceeds KRW 5,00,00 when comprehensively considering the following circumstances recognized in accordance with each evidence in the holding:

The decision was determined.

① The Defendant submitted data that 4,900 won per opening of the instant race.

② The instant type of seal differs in weight and shape from the figures sold on the Internet sales site, and it is difficult to deem that the said amount is applied as it is.

③ After receiving an accusation from the fact that an investigative agency provides a man-made type, not a good in a man-made game, an investigation agency may not exclude the possibility that the Defendant had provided a man-made type in a man-made game run by the Defendant, as the same content as the facts charged in the instant case was revealed in the course of conducting an investigation. As such, it is difficult to apply the sales price of the Internet sales site to the instant man-made type.

B. The free gifts offered pursuant to the proviso of Article 28 subparagraph 3 of the Promotion of Game Industry Act shall be not more than 5,000 won at the consumer sale price. In this case, the consumer sale price shall be explicitly defined as “the price at the general retail store” (hereinafter referred to as “the price at the general retail store”).