The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

【Reasons for Appeal】

1. The lower court’s sentence (three million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. The instant crime committed on the basis of the following facts: (a) the game machine provided on the 50th unit is reasonable; and (b) the game machine reaches at least 45 business days.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

No defendant shall have any other criminal records except those subject to a fine twice previously imposed on him/her.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the punishment of the court below is too minor.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons Concerning Prosecution】 The second second sentence of the judgment of the court below on the summary of the facts constituting an offense and evidence shall be cited as it is, under Article 369 of the Criminal Procedure Act, the entry in each corresponding column of the judgment of the court below, except for the addition of “ around September 18, 2018” in the following.

Application of Statutes

1. Relevant Article of facts constituting a crime, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry, and Selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act to be confiscated under Article 48(1)1 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences by law: Fines of 50,000 to 20,000 won; and

2. Determination of sentence: A sentence shall be determined as per Disposition, taking into account the circumstances examined by the “reason for appeal” above 7 million won.