The defendant shall be innocent.

1. A person who intends to operate a business providing Internet computer game facilities shall register with the head of a Si/Gun/Gu after installing facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism

Nevertheless, the Defendant, without registering with the competent authority from January 2014 to April 25, 2014, installed 12 service rooms in the business name “D” in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and the fourth floor, and installed computers and monitors that are accessible to the Internet on each room, and operated Internet computer game facilities for many unspecified customers.

2. According to Article 2 subparagraph 7 of the Act on the Promotion of Game Industry, the term “business of providing Internet computer game facilities” means a business of providing necessary equipment and materials, such as computers, so that the public may use game products or use other information-providing materials incidental thereto.

According to the above, "business of providing Internet computer game facilities" means a business of providing necessary equipment and materials and allowing the public to use game products, and allowing other information-providing materials to be used incidental thereto.

Therefore, if a certain person allows the public to use information other than a game product without having the public use of a game product, it is difficult to view it as an “business providing Internet computer game facilities”.

On the contrary, if a business that mainly provides game products is deemed to be an Internet computer game providing business entity, regardless of the actual provision of a computer or other equipment and received user fees, it may result in a wide range of punishment contrary to the purport of the legal provision that limits the business that mainly provides game products to the Internet computer game providing business entity, and thus, it may be subject to the principle of legality.