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(영문) 대법원 2016.07.29 2015도19075

게임산업진흥에관한법률위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the assertion regarding the crime of this case, the court below cannot see that the defendant's criminal intent to commit the crime of this case was caused only by an investigative agency.

As a result, the defendant rejected the defendant's defense of war investigation.

In light of the relevant legal principles and evidence duly admitted, the above judgment of the court below is acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to naval investigation.

2. As to the remaining grounds of appeal

A. Article 28 of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that, one of the matters to be observed by game water-related business entities, “the game industry shall not allow others to gamble or perform other speculative acts by using game water or leave them to do so.” Article 44(1)1 of the Game Industry Act provides that a person who violates Article 28 subparag. 2 of the same Act shall be punished.

Speculative acts referred to in the above statutory provisions

means determining the acquisition or loss by an incidental method and causing property loss or benefits to the person who committed the act.

Therefore, in a case where the acquisition and loss of a game provided by a game providing business entity according to the rating classification is determined by a game providing business entity, and where the certificate, etc. provided to a game user as a result of the game has exchange value that can receive and distribute the price among the game users, the issuance and delivery of the above certificate, etc. as a result of such game constitutes a speculative act using the game water.

At this time, it is possible to confirm the part of personal information, such as the name and telephone number of the game user issued by the certificate issued by the game providing business operator as a result of the game.

Even if the certificate is issued, anyone, other than the person who has been issued, holds the certificate.