The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 through 8 of seized evidence.

1. Summary of grounds for appeal;

A. Although the amount of money deposited under the name of the Defendant or F, H, J, or E cannot be deemed as the amount of criminal proceeds, the lower court calculated the amount of money additionally collected by calculating both the amount of money sold.

B. The punishment sentenced by the lower court (one hundred and sixty months of imprisonment, additional collection KRW 565,822,285) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor applied for amendments to the Bill of Amendment to the Bill of Indictment in Article 1 (1) 4 of the facts charged, “After purchasing a total amount of KRW 4,49,444,641 during the same period of 21,835, a total of KRW 565,82,285, the difference of KRW 565,82,285 with profits, such as fees, the Prosecutor has purchased a total of KRW 21,835,00,000 for the same period of 21,835,” respectively. This Court changed the subject of the judgment of the lower court to this effect.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

B. In light of the language and purport of the provisions of the Act on the Promotion of Game Industry (hereinafter “Game Industry Act”) regarding mistake of facts and misapprehension of legal principles, and the legislative purport thereof, and the principle of strict interpretation of penal laws and regulations, even if the Defendant, an accomplice who was involved in the act of providing illegal game water for use and exchanging business, uses the relevant illegal game water and exchange the result thereof, he/she cannot be punished by applying Articles 44(1)2 and 32(1)1 and 7 of the Game Industry Act.

In addition, Article 44 (2) of the Korean Game Industry Act provides that "the game products owned or possessed by a person falling under the provisions of paragraph (1) and the profits from such criminal act (hereinafter referred to as "the profits from such criminal act").