2013 Highest 193 Violation of the Game Industry Promotion Act (Partial Revocation of Public Prosecution), Do

Gamballs

000 (00000 - 000000) Other

Seoul Residence

Reference domicile

He shall file a complaint with the court (prosecutions), and he shall file a complaint (trials)

Law Firm Shin & Shin

Attorney Park Jong-soo in charge

March 11, 2013

A defendant shall be punished by imprisonment for one year.

16,283,093 won shall be collected from the defendant.

Criminal facts

[Internet gambling site operation system] A and B gathered to operate an illegal Internet gambling site, and B manage the overall operation of the gambling site, and A conspired to conduct business such as financing of the gambling site and management of employees, etc., on May 30, 2010, set up an Internet game site called "00" (hereinafter referred to as "the game site of this case") around 00,000 apartment units, which are leased to Incheon as an office, (c), C, D, E, F, G, H, etc. to work at the office.

On the other hand, the game site of this case is that "the game of this case can be used by users by means of mobile phones, actual account transfer, books and merchandise coupons, cultural products and semen coophones, etc. as those 19 years of age or older for users to become members of the game," and it is possible for users to become members of the game site of this case by means of mobile phones, actual account transfer, books and merchandise coupons, cultural products and semen coophones, etc. The amount of filling per user does not exceed 30,000 won per month, and it is impossible to convert or industrialize game money from the game result into another form.

Game products are classified as game products by the Game Rating Board.

B, A, etc. had access to the game site of this case deliberated as above at the PC, and had customers conduct the game and then had customers conduct the game, and then had them conduct the games to exchange the games in the future", "the total "the head office of this case", "the management and server management," cyber money deposit account management and server management, cyber money deposit and exchange, revenue settlement, operation of call center, management of the general company, etc., have an organization "the head office of the operation of the game site of this case" which is responsible for the management of the game site of this case.

[Criminal Facts]

1. "Total part of participation in the crime";

On December 2, 2010, the Defendant, at the recommendation of B at the time of temporary influence, thought that the Defendant, using computers and smartphones, intended to play a role as the “satisf,” such as publicity of the instant game site, store management, and the delivery of a fixed coophone, with the intention of receiving from 0.1% to 0.5% of the amount of the game use at the fee.

The Defendant: B, A, etc. from the date of temporary payment on December 2, 2010 to the date of temporary payment on July 201; and July 7, 2011.

From the date of temporary payment to the date of May 2012, A, B, I, etc., in collusion with A, I, etc., “The Defendant, as its head office,” at 00:00 -00 00 -00 00 - 00 - 00 - 00 - The Defendant, as its head office, “the manager of the game site of this case, which is not classified, and the game money through the fixed coophone, etc., of which the amount is equal to “the amount of money offered to such subordinate organizations as the head office, etc., was deposited as “the account managed by the head office,” and at the stage of the store, the amount of money was created as a member ID without confirming the real name or resident registration number of the game user, and the game was kept at the bar bar to prevent the game user from filling it by cell phone, account transfer, or book merchandise, etc., and, at the same time, “the game machine of this case and the game machine of this case was lost”.

In addition, if the user of the game site of this case requests the exchange of game money acquired according to the game result as above, it was made by cash or remitting money equivalent to the game money to the user's account through subordinate organizations such as burial.

2. "The part concerning participation in crime as a principal agent" in the main office of the company;

On May 2012, upon A’s recommendation, the Defendant, using computers and smartphones and received approximately KRW 400,000 per month from A, in addition to A’s role as a general manager, according to A’s instructions, such as “a general manager management,” and “a general manager management, etc., who is in charge of the head office of the operation.”

In collusion with A, the Defendant acquired or lost game money from May 3, 2012 to January 3, 2013 at the same place as indicated in paragraph (1) and at the same time as indicated in paragraph (1) and at 00,000 apartment units 000,000, “the head office and the total head office of the instant game site” as the total head office of the instant game site as described in paragraph (1) and wired the game money to the account by giving the game users money in cash by using the above Adi and game money provided by the game using the same method as described in paragraph (1).

As a result, the Defendant conspiredd with A, B, and I from the date of temporary payment on December 3, 2010 to January 3, 2013, and caused users of the instant game site to play games equivalent to approximately KRW 92,283,093, and 642, thereby opening gambling for profit-making purposes. On the other hand, the Defendant provided game products different from the contents classified by the Game Rating Board for use, and exchanged tangible and intangible results acquired through the use of the game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police suspect interrogation protocol (a copy) concerning E.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

1. Application of Acts and subordinate statutes on account transactions, such as the output and log copy of the closure screen including the Internet site, investigation reports (deliberation by the Game Rating Committee), and the output copy of the closure screen attached thereto, online game description and content-information description, internal report (referring to changed weather games) and output of game information, and the details of each account transaction;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act, Article 30 of the Criminal Act (a point where game products are used or provided with contents different from those of game products rated in kind), Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act (a point where the results acquired through the use of game products are exchanged) Article 45 Subparag. 4 and Article 32(1)2 of the same Act, Articles 247 and 30 of the Criminal Act (a point where gambling places are opened), Articles 247

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

The reason for sentencing of Article 44 (2) of the Game Industry Promotion Act = 116,283, 093 won = total head office 92,283,093 won of criminal proceeds as a general manager ( = Game amount 92,283,093,093, 642 x fee 001,000 won) + Criminal proceeds as a person in charge of operating main office 24,000,000 won ( = 4,000,00 wonx 6 times per month), considering the fact that the crime of this case was detrimental to the citizens' sound sense of work, and has a significant amount of gambling money while changing the game site and name account from time to time to time, and the defendant has been sentenced as a simple crime under the Criminal Act, taking into account the degree of his participation in the crime of this case's criminal records and other circumstances, and considering the degree of his participation in the crime of this case's health and behavior and the degree of his participation in the crime of this case's punishment.

It is so decided as per Disposition for the above reasons.

Judges Lee Dong-sik