게임기 인도
1. The defendant deliver each game machine listed in the annexed game machine list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. On December 8, 2018, the Plaintiff concluded a contract with the Plaintiff to lease the 60 C-Games, 50, 60, 60, and 30,000 F-Games listed in the list of the attached game instruments owned by B and the Plaintiff (hereinafter “instant game instruments”) from December 8, 2018 to February 7, 2019.
B. B installed and operated the game of this case at “H” located in Ansan-si’s member G from around December 10, 2018 to December 20, 2018.
C. B was indicted under the charge of violation of the Game Industry Promotion Act, which caused customers to engage in speculative acts, such as gambling, by exchanging game money in cash after deducting commission fees from customers in the above game room, and operating a game by allowing customers to transfer game money, and was charged with violation of the said Act. On May 30, 2019, the above court found the Defendant guilty of the facts charged against B, and sentenced the forfeiture of the game machine of this case pursuant to Article 44(2) of the Game Industry Promotion Act, and the above judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, 7 and the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s game machine confiscated from the Plaintiff’s assertion B is owned by the Plaintiff, the Defendant is obligated to return the instant game machine to the Plaintiff.
B. The Defendant’s assertion is a game machine used for tort, which is likely to promote the people’s spirit of gambling, and is likely to be used for committing a second offense, and thus, it cannot be put up for a public sale and is reasonable. The Plaintiff’s claim seeking the return of the instant game machine is unreasonable.
3. Determination
A. Article 484 of the Criminal Procedure Act provides that if a person who has a legitimate right to the confiscation requests the delivery of the confiscated article within three months after the execution of the confiscation, a prosecutor shall do so unless it is destroyed or discarded.