A. The Defendant: (a) solely on the ground that the Defendant: (a) by paying points to the head of his/her game room a receipt of the points keeping to customers; and (b) impliedly offered customers with cash exchange; (c) caused the Defendant to gamble or perform other speculative acts using game water; or (d)

It is difficult to see that the defendant who operates a game room for living is unable to avoid exchange among customers.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the illegal defendant in sentencing directly supports the disabled and is in an economically difficult situation, the sentence of the lower court that sentenced to a fine of KRW 3,000,000 is too unreasonable.

2. Determination

A. In a case where a game providing business entity’s game providing business entity’s determination of factual mistake determined the gain and loss of the game provided by classifying the rating, and where the game’s certificate, etc. provided to the game user as a result of the game has an exchange value that can receive and distribute the price among the game users, the issuance of the above certificate, etc. as the result of such game constitutes an act of speculative by using the game water.

In this case, even if it is possible for a game providing business operator to verify part of his/her personal information, such as the name and telephone number of the game user issued by the certificate issued as a result of the game, if anyone other than the person issued the certificate carries the certificate, if he/she can enjoy economic benefits, such as using the game water according to the points of the game stored in the certificate without any restriction, it shall be deemed to have property benefits, which are elements of the speculative act

In addition, the issuance of certificates of this nature, unless there are special circumstances.