The defendant shall be innocent.

1. Around April 6, 2017, the summary of the facts charged in the instant case: (a) around 15:45, the Defendant injected a form of figures equivalent to KRW 13,800 in the “COCOZG” machine, which was extracted from the “E Games” game room operated by the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, into a free gift, thereby promoting speculation.

2. According to the evidence duly admitted and examined by this court, the Defendant provided a figure of the Montreal master (hereinafter “the instant figure”) in a game machine by inserting it into a game machine while operating the race game room. On April 6, 2017, the Defendant searched bar codes attached to the instant figure into a smartphone app at the time of control by the investigative agency on April 6, 2017, and confirmed that the online sales site was KRW 13,800.

However, the Defendant submitted the data that he purchased the instant seal form in KRW 4,800 per unit. The instant seal form differs from the figures sold on the Internet sales site, and it is difficult to view that the said amount is applied as it is. Meanwhile, in the process of investigation, an accusation is filed against the fact that the Defendant’s regular import licensing company of the instant seal type provides a person who is not a good in the game site, not a good in the investigative agency, and the content as indicated in the instant facts charged was contained in the instant facts charged. In full view of the fact that, in the process of investigation, it cannot be ruled out that the possibility of the Defendant’s personal character type game was provided rather than a good, and if so, it is difficult to apply the above Internet sales site sales, it is difficult to readily conclude the fact that the instant seal type consumer sales price exceeds 5,00 won. There is no other evidence to support this.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and this judgment is rendered under the proviso of Article 58 (2) of the Criminal Act.