The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The seizure of articles 1 to 1.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. Prior to the grounds of appeal for ex officio determination, we examine the judgment of the court below on the relation of crime.

Article 44(1)2, Article 32(1)1, and Article 21(1) of the Game Industry Promotion Act, and Article 44(1)2 and Article 32(1)7 of the Game Industry Act on the punishment of an act of exchanging results obtained through the use of game products, comprehensively taking into account the elements of a crime of providing game products for which no classification has been obtained and the protected legal interest and interest, etc., the violation of the Game Industry Act due to the act of providing game products for use and the violation of the Game Industry Act due to the act of exchanging results acquired through the use of game products shall be deemed to be in a substantive competition relationship.

(See Supreme Court Decision 2009Do12650 Decided January 28, 2010 and Supreme Court Decision 2010Do2112 Decided December 23, 2010, etc.). Nevertheless, among the facts charged, the lower court recognized both the aiding and abetting the use of a game product which was not classified and aiding and abetting the exchange of game result, and determined that the crimes of aiding and abetting the violation of the Game Industry Promotion Act are in a mutually competitive relationship. In so doing, the lower court erred by misapprehending the legal doctrine on the relation of acceptance of crimes, and thereby adversely affected the conclusion of the judgment.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) of the Act on the Promotion of Game Industry concerning criminal facts;