logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.01.06 2016노1597
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) were guilty of the facts charged in this case, although Defendants 1 did not engage in a business exchanging game points in cash, and had customers engage in speculative acts, the lower court found the Defendants guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2) The sentence of the lower court (Defendant A: 8 months of imprisonment, 2 years of probation, surveillance of protection, 300 hours of community service order, confiscation, Defendant B: imprisonment with prison labor for 5 months of probation, 2 years of probation, 80 hours of community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is the owner of “H Gameland” in Ulsan-gu G, Ulsan-gu, and Defendant B is a person engaged in the management of points management, exchange, etc. in the above game chapter and substantial management.

No one shall exchange results obtained through the use of a game product for any other purpose, and no game water-related business entity shall allow any other person to gamble or perform other speculative acts by using the game water, or cause any other person to do so.

From October 19, 2014 to August 19:20, 2015, the Defendants installed a total of 70 game equipment, such as a yellow game machine, in the said H gameland, and let many and unspecified customers find the above game room use the said game machine, and then set aside separate points managed by the game from at least 10,000 points when the points obtained through the game are accumulated in the bank hold of the game machine, and caused customers to exchange the accumulated points in cash, thereby bringing about an amount calculated as KRW 1 won per point to the toilet, etc.

The Defendants conspired as such and obtained results from the use of a game product.

arrow