The judgment below

The part against the Defendants is reversed in entirety.

1. The defendant C shall be punished by imprisonment with prison labor for one year and two months.

1. Summary of grounds for appeal;

A. As to the Defendants’ (not guilty part) violation of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) among the facts charged against the Defendants, and the Defendant’s partial violation of the Game Industry Act, the “game result produced or acquired by using an erroneous program” also constitutes a game outcome prohibited from exchange under Article 32(1)7 of the Game Industry Act (hereinafter “instant legal provision”). However, the lower court acquitted the Defendants of this part of the facts charged on a different premise, thereby adversely affecting the conclusion of the judgment.

In light of the contents and nature of the instant crime of unreasonable sentencing, the sentence of the lower court (defendant C: imprisonment for 8 months, confiscation, Defendant A: imprisonment for 10 months, probation, community service, confiscation, and Defendant D: imprisonment for 8 months, probation, 2 years, probation, community service, confiscation, 80 hours, confiscation, Defendant E: imprisonment for 6 months, 2 years of probation, 3 years of probation, probation, 40 hours, and 40 hours of community service, confiscation) is too weak.

B. The lower court’s punishment is too heavy when taking into account the various circumstances against the Defendants.

2. Judgment on the misapprehension of the legal principle of prosecutor

A. In light of the legislative purpose of the instant legal provision, the lower court determined that the game outcome prohibited by the exchange of money under the instant legal provision is limited to the game outcome that may de facto be changed into a speculative implement if it is permitted to make cash, and therefore, it is deemed that Article 18-3 subparag. 3 of the Enforcement Decree of the Game Industry Act (amended by Presidential Decree No. 20058 of May 16, 2007) delegated by the instant legal provision (hereinafter “Enforcement Decree provision of this case”) prohibits exchange of “game money or data, such as game items, produced through the abnormal use of game products.”