1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment for one year;

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is as follows: Defendant A’s installation of an automatic operating device in a game machine and issuance of a custody certificate (cphone) so that customers reuse them; Defendant A’s business is engaged in speculative acts by using a speculative gaming device; and Defendant B and C was not guilty of all the facts charged in this case even though it was easy for them to conduct their business, the judgment below erred by misapprehending the legal principles, which affected

2. The prosecutor held ex officio that the facts charged in this case against the Defendants came to fall under the name of the conjunctive crime.

Violation of the Game Industry Promotion Act;

B. Article 44(1)1 and Article 28 subparag. 2 of the Game Industry Promotion Act were added to the ancillary applicable provisions of the Act as well as Article 44(1)1 and Article 28 subparag. 2 of the Act on the Promotion of Game Industry. In addition, the application for amendment to a bill of amendment was filed with the addition of the ancillary facts as stated in the attached Form “preliminary facts”, and the judgment of the court below cannot be maintained

Even if there are such reasons for ex officio reversal, the prosecutor's assertion of misapprehension of the legal principle is still subject to the judgment of this court.

3. Judgment on the misapprehension of the legal principle by the prosecutor

A. The summary of the primary charges 1) Defendant A’s second floor of the building located in F in the Gwangju Mine District from September 16, 201 to October 17:10, 201, the second floor of the building located in F in the Gwangju Mine District from October 16, 201 to October 17:10, Defendant A refers to the game machine of this case, which is a speculative machine, (hereinafter “Dredelivery”).

60대를 설치하고, 실장 C, 종업원 B를 고용하여 그곳을 찾은 다수의 손님들로 하여금 현금을 투입하고 자동실행장치인 이른바 ’똑딱이‘를 이용하여 자동으로 게임을 진행하면 포커게임 룰에 따라 정해진 일정한 점수를 획득하고, 손님들에게 획득한 점수를 다시 이용할 수 있는 ’쿠폰‘을 발급하여 주는...