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(영문) 의정부지방법원 2014.11.26 2013노2652

게임산업진흥에관한법률위반

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All appeals by the defendants and prosecutor against the defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A only operated a game site using lawful game products that underwent the examination of rating classification, etc. according to lawful procedures. However, in the event that customers do not use all the points they acquired while performing a game and discontinue a game, Defendant A issued 1 of domestic sugar at 10,000 points in order to provide some convenience for customers to use the game with the remaining points. As such, the Defendant did not have awareness of the fact that the above domestic sugar transaction was conducted between the users.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Defendant B and C’s each sentence (Defendant B: fine of KRW 1,00,000, and fine of KRW 3,000,000) declared by the lower court is too unreasonable.

C. In light of the following facts, the cash confiscated by Defendant C of the mistake of the facts by the prosecutor, 1,00 won, 41, 5,000 won, 11,000 won, and 10,000 won, which cannot be deemed to have been exchanged only to the part of Defendant C, and Defendant A and B, upon request from customers, delivered one of the domestic sugar remaining in the game machine at 10,000 won, and the person who received the above sugar did not indicate the personal information of the user, was able to deliver the above sugar to the Defendants and play the game, and Defendant A and B did not know that it would be done in the game room, in the event that Defendant A and B did not receive a large amount of domestic sugar from Defendant C and enter the points into the game site, the court below acknowledged that the Defendants conspired with the users to perform speculative acts, such as gambling, using the game products, and that they received the sugar by exchanging them.