The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (five million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Changwon District Court on June 28, 2013, and the above judgment becomes final and conclusive on January 24, 2014. As such, the crime of violation of the Game Industry Promotion Act and each of the crimes of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, are determined by considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below cannot be maintained as it is, since the punishment is determined after examining whether to reduce or exempt the punishment.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to eight months from the Changwon District Court on June 28, 2013 to imprisonment with prison labor for a violation of the Game Industry Promotion Act; the above judgment became final and conclusive on January 24, 2014; and the summary of the evidence was as stated in the corresponding column of the judgment of the court below, except for addition of "precied materials" in the last column of the evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, Article 137 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines, respectively;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse.