게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not know the fact of the exchange between B and B, and the Defendant did not intend to make the exchange by accepting the exchange between B and the game place customers, or by moving the game points of customers to B so that the said exchange is easy, and did not neglect it.
There is no fact that the cumulative scores of customers entered into a computer are used as inorganic securities.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, probation, and confiscation No. 1-13, additional collection KRW 4,00,00) is too unreasonable.
2. Determination
A. Article 28 of the Game Industry Promotion Act regarding the assertion of misunderstanding of facts and misapprehension of legal principles provides that one of the matters to be observed by game business entities related to game products shall not allow others 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 subparag. 2 shall be punished.
Speculative acts referred to in the above statutory provisions mean the act of determining the acquisition and loss by an incidental method and causing loss or profit to the person who committed the act.
Therefore, if the acquisition and loss of a game product provided by a game providing business entity through a rating classification is determined in a pro-friendly manner, and the certificate, etc. provided to a game user as a result of the game has exchange value that can receive and distribute consideration among the game users, the issuance and delivery of the above certificate, etc. as a result of such game constitutes the act of speculative acts using the game product.
In this case, even if it is possible for a game providing business operator to confirm part of his/her personal information, such as the name and telephone number of the game user issued by the certificate as a result of the game, the certificate shall be issued.