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(영문) 서울중앙지방법원 2014.11.20 2014노3538
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The facts charged in this case and the judgment of the court below

(a) A person who intends to conduct an Internet computer game facility providing business shall register with the head of Si/Gun/Gu after being equipped therewith;

From January 2014 to April 25, 2014, the Defendant, without registering with the competent authority, installed 12 service room in the business place in the name of “D” from the beginning of January 2014 to the beginning of April 25, 2014, and operated the Internet computer game providing business for many unspecified customers.

B. The term “business of providing Internet computer game facilities” under Article 2 subparag. 7 of the Act on the Promotion of the Game Industry Promotion (hereinafter “Act”) refers to a business of providing necessary machinery and equipment, such as computers, and allowing the public to use game products, and providing other information incidental thereto. The evidence submitted by the prosecutor alone is difficult to recognize that the defendant was the principal business of allowing the public to use game products, and there is no other evidence to acknowledge it.

Ultimately, the instant facts charged constitute a case where there is no proof of crime.

2. The phrase “business providing Internet computer game facilities” under Article 2 subparag. 7 of the Summary of the Reasons for Appeal cannot be interpreted as a requirement to mainly aim at using game products, and as long as the Defendant provided Internet-based computers to customers, it should be viewed as running business providing Internet computer game facilities.

3. The judgment of this Court

A. The term "business of providing Internet computer game facilities" means a business of providing necessary apparatus and materials, such as computers, which makes game products available to the public or uses other information-providing products incidental thereto (Article 2 subparagraph 7 of the Act).

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