The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

In light of the Defendant’s PC operation purpose and behavior, circumstances of customers’ use, etc., the lower court determined otherwise by misapprehending the legal doctrine or misapprehending the legal doctrine, although the Defendant’s instant business could be seen as falling under the Internet computer game providing business.

Unfair sentencing: The sentence of the court below (2 million won of fine) against the defendant is too unfeasible and unfair.

A person who intends to conduct an Internet computer game facility providing business on the summary of the facts charged to determine mistake or misapprehension of legal principles shall register with the head of a Si/Gun/Gu after installing such facilities.

Nevertheless, on February 15, 2016, the Defendant, without registering with the head of the Dong-dong, set up a computer9 unit in the name of “D resting room” from the 3rd floor of Busan Dong-gu C and the Dong-gu, Busan, and run a business providing Internet computer game facilities by receiving KRW 5,000 per hour against many unspecified customers.

The lower court determined that there was no proof of crime as to the facts charged in the instant case for the following reasons and sentenced the Defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act.

(1) Article 2 subparag. 7 of the Game Industry Promotion Act provides that “business of providing Internet computer game facilities” refers to a business of providing necessary machinery and equipment, such as computers, and allowing the public to use game products or use other information-providing products incidental thereto; ② If a person provides equipment, such as computers, regardless of whether he/she actually provides any service, and receives the cost for using such equipment, he/she may be deemed to fall under “business of providing Internet computer game facilities,” unlike the purport of the above provision, to the extent that the scope of punishment unfairly is broad.