The defendant shall be innocent.

1. The Defendant is a person who operates a game room under the trade name of “C”.

From July 2014 to August 15:00, 2014, the Defendant established 80 game units on the third floor of the building D in Seongbuk-gu, Sungnam-gu, Sungnam-gu, and employed E and F as an employee, and then assigned many unspecified customers with money in the above game machine, and received 100 game points for each game, 100 game points. From among the five cards shown on the game screen, the Defendant operated the game by replacing the remaining cards other than the one designated by the user and obtaining points according to the pattern and number of the five card, and accumulated these points on the accumulation card.

As above, the Defendant, while being aware that customers are engaged in cash transactions by discounting 20% of the game scores inside and outside the game room, violated the obligations of the game products related enterpriser by having customers engage in gambling and other speculative acts using the game products, or neglecting to perform speculative acts so as to let the customers engage in gambling and other speculative acts by inserting the game scores of the customers who purchased it in the game machine that they purchased, instead of the game scores of the customers who sold it.

2. Article 28 subparag. 2 of the Game Industry Promotion Act provides that "no one shall allow any person to gamble or perform other speculative acts, or neglect to do so, using a game product" as a matter of compliance by a game products related business entity. Article 44(1)1 of the same Act provides that "any person who causes any person to gamble, perform other speculative acts, or neglect to do so, in violation of subparagraph 2 of Article 28 shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won." In this context, "the act of causing any person to gamble or perform other speculative acts, or neglecting to do so," is a game user.