게임산업진흥에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and six months and a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to three years of imprisonment, fine of 500,000 won, confiscation, and surcharge of 5,630,000 won) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unreasonable sentencing, we examine the violation of the Act on the Promotion of Game Industry by providing speculative acts using game products ex officio.
1) The Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) amended by Act No. 8247, Jan. 19, 2007 (hereinafter “Game Industry Promotion Act”).
Article 2 subparag. 1 of the Game Industry Act excludes “game products” subject to the above Act with the definition of “game products”. If a game machine or device has not been properly rated, and the result is determined by an incidental method as well as a game machine or device that causes property profit or loss to a game user according to the result, it constitutes “game products” under Article 2 subparag. 1 and subparag. 1-2 of the Game Industry Act.
Meanwhile, Article 28 of the Game Industry Act provides that "game products related business entities shall observe the following matters," and subparagraph 2 of Article 28 provides that "no game products shall allow any person to engage in gambling or other speculative acts, or neglect to do so, using the game products." Article 44 (1) 1 of the Game Industry Act provides that a person who violates Article 28 subparagraph 2 of the same Article shall be punished. Thus, a person subject to punishment pursuant to Article 44 (1) 1 of the Game Industry Act shall be "game products related business entities".
However, Article 2 Subparag. 9 of the Game Industry Act defines “game products related business operators” as “persons engaged in business referred to in subparagraphs 4 through 8,” and Article 2 Subparag. 6 of the same Act defines “game providing business” as “business of providing game products so that the public can use game products.”
As seen earlier, the provisions of the Game Industry Act on the game products related business entity and the game products manufacturing business.