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(영문) 창원지방법원 2014.10.22 2014노1899

게임산업진흥에관한법률위반

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In the course of operating a game room with lawful permission, the Defendant issued a certificate of storage of points to enable customers to play a game again later by using the remaining points, and the Defendant did not have any fact that he exchanged or arranged a certificate of storage of points in the game room, and did not know the fact that money was being exchanged for the above certificate of storage of points. Therefore, it cannot be deemed that the Defendant had caused others to engage in gambling and other speculative acts, or forced them to do so by using the game work. 2) The sentence of an unreasonable sentencing decision by the lower court is unreasonable because it is excessively unreasonable.

B. The Prosecutor’s sentence (the above sentence against Defendant A and the fine of KRW 3,000,000) of the lower court is unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to Defendant A’s assertion of mistake of facts, the following circumstances are: (i) the game machine on criminal facts stated in the judgment of the court below (hereinafter “instant game machine”) is not established under the premise of the issuance of reuse rights; (ii) in a case where the game should be terminated due to personal reasons, the game should be completed without giving up the points obtained in principle; (iii) in a case where the game machine in this case was put into a newspaper or paper paper and then the game in this case was carried out by an automatic method without directly manipulating a shote, and the game was carried out by an shot method without directly manipulating a shote, and (iii) in a case where the game in this case is retired, the game in this case should be set up with the points obtained by Defendant B, who was an employee of the game room, and thus, the number of customers obtained by giving up the points.