게임산업진흥에관한법률위반
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) the Defendant, while running a party hall from November 19, 2013 to November 20:15, 2013, with the trade name of “D party hall” from C and 4 stories to “D party hall”, he/she was prohibited from exchanging, exchanging, arranging, or re-purchasing tangible and intangible results obtained through the use of game products; (b) even if he/she did not engage in an act of exchanging, exchanging, exchanging, or re-purchasing, he/she had installed 2 game lines (CC-N-130327-06) and exchanged 100 won by 50 points if he/she added 100 won.
2. Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of Game Industry, which is the applicable provisions of this case, provides that “an act of exchanging or mediating exchange or re-purchase of tangible and intangible results (referring to score, premiums, virtual currency used in the game, which is prescribed by Presidential Decree, and things similar thereto prescribed by Presidential Decree) obtained through the use of game products, shall be punished.” Thus, in order to meet the elements of the above Act, exchange acts shall be conducted at least once in the language and text thereof.
However, the evidence of the submission by the prosecutor alone cannot be recognized as having committed the act of exchange, and there is no other evidence to recognize it.
Thus, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure