The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged on a different premise, misunderstanding the facts or misapprehending the legal principles, which affected the conclusion of the judgment, although the Defendant merely issued the written membership card to customers, and aided customers to trade the accumulated points on the membership card.

B. The sentence sentenced by the court below to the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Article 28 of the Act on the Promotion of Game Industry provides that “A game water-related business entity shall comply with the following matters,” and Article 28 of the Act on the Promotion of Game Industry provides that “No one shall cause others to gamble or perform other speculative acts by using game water, or neglect to do so,” and Article 44(1)1 of the same Act provides that a person who violates Article 28 subparag. 2 of the same Act shall be punished.

The term "speculative act" in the above provision means an act of determining the acquisition and loss by an incidental method and causing loss or profit to the person who committed the act.

Therefore, in order to constitute a speculative act prescribed under the above legal provisions, certain property benefits or losses may be incurred. If a certificate issued by a game providing business operator to a game user using the game classified as the result of the game has property value that can be distributed among the game users, such as a kind of inorganic name certificate, it shall be deemed that the certificate constitutes property interest (see, e.g., Supreme Court Decisions 2012Do15929, Sept. 13, 2013; 2013Do9173, Sept. 26, 2013; 2013Do1181, Jan. 16, 2014). In light of the above legal principles, the health stand in this case, and evidence duly adopted and examined by the court below.