Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

On October 30, 2016, at around 21:53, the Defendant established four computers (PC) for online games in the “CPC room” operated by the Defendant on the Southern-gu Seoul Southern-gu B1st, and provided customers with online games such as “TPC Myan Myan, Pyan, and Syar,” and had customers engage in the said online games with the said cyber money, and exchange intangible results obtained through the use of the said online games by exchanging them directly at the ratio of 10,000 won per full amount per cash to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes concerning field photographs of reports on detection of police seizure records;

1. Article 44 (1) 2 of the Act on the Promotion of Game Industry and Article 32 (1) 7 (Selection of Penalty) of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires a prosecutor to confiscate the body of seized computers.

However, the aforementioned computer body may be used for the use of video works as provided in the main sentence of Article 2 subparagraph 1 of the Game Industry Act, but it was produced for its main purpose.

It is difficult to see it.

On the other hand, even according to the records of this case, there is no ground to confiscate the above seized articles pursuant to Article 44(2) of the Game Industry Act (see Supreme Court Decision 2009Do13435, Apr. 29, 2010). Furthermore, insofar as there is no evidence to recognize that the above seized articles are owned by the defendant, it is not appropriate to arbitrarily confiscate them under the Criminal Act.

For the reason of sentencing, all the conditions of sentencing indicated in the records, such as the size of the place of business of this case, the fact that the defendant has no same record, the health status of the defendant under aviation cancer treatment, the age, sex, environment of the defendant, the circumstances before and after the crime of this case, and the circumstances of the crime, shall be determined as ordered.