Defendant

Defendant

Edathers

Attorney Go Young-soo

Seoul Southern District Court Decision 2006Ma2633 Decided October 26, 2006

The part of the judgment of the court below against the defendant is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The forty-seven days of detention before the judgment of the court below is pronounced shall be included in the above sentence.

20,000 won cashier's checks (No. 4), 16,000 won chips of seized game machines (No. 1), 17,724 (No. 2,77), 188 (No. 3), 100,000 won chips and 16 (No. 5) shall be confiscated.

Of the facts charged in this case, the prosecution against the use of forged securities is dismissed.

1. Summary of grounds for appeal by the defendant;

The sentence of one-year imprisonment sentenced by the court below is too unreasonable.

2. Ex officio determination

Before judgment on the grounds for appeal by the defendant's defense counsel, we examine the defendant's exercise of forged securities among the facts charged in this case.

The summary of this part of the facts charged is as follows: "The defendant, in collusion with co-defendant 2 of the court below on July 2006, in the game room located in Yeongdeungpo-gu Seoul Metropolitan Government (trade name omitted), (name omitted), (name omitted) merchandise coupon 5,00 won in the paper of cultural products, (company name omitted), and this merchandise coupon was designated from the Korea Game Industry Development Institute pursuant to the Korea Game Industry Development Institute Act (No. 2005-9). (name of the Ministry of Culture and Tourism published) as the gift certificate for gift in the game software establishment. (name of the company), (name of the company), (name of the company), (name of the company), (name of the company), (name of 5,00 won in the name of 30,000 won in the name of the (name of the company omitted), and (name of 4,500 won in the name of the merchandise coupon operator, and (name of the company) from the point of May 29, 2006, the defendant paid the above merchandise to unspecified game products."

On the other hand, Article 254(4) of the Criminal Procedure Act provides that "the facts charged shall be stated clearly with the date, time, place, and method of a crime shall be specified." In the case of the crime of uttering of forged securities, one crime is established for each number of pages of forged securities used, and in the case of multiple multiple events at one time, one crime of uttering of forged securities is established for a group, and one another is in a regular mutual agreement. As such, the prosecutor is in a relationship between the three specific elements of the crime of uttering of counterfeit securities at least one time, and the degree of use at one time must be clearly stated in a specific fact that constitutes a constituent element of crime so that it can be distinguishable from other facts. In light of such legal principles, the crime of uttering of forged securities is not specified in Article 254(4) of the Criminal Procedure Act by paying to many unspecified customers for free from around July 206 to September 5, 206.

Therefore, the institution of a public prosecution against the above facts charged is deemed null and void in violation of the provisions of law, and thus, the dismissal of prosecution should be pronounced pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act. However, the court below erred by misapprehending the legal principles on the specification of facts charged, etc. and thereby affecting the conclusion of the judgment by finding the whole guilty of this part of the facts charged. In this regard, the judgment of the court below cannot be maintained, and the remaining facts charged in relation to concurrent crimes under the former part of Article 37 of

3. Conclusion

Therefore, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, since there are such reasons for ex officio reversal, and it is again decided as follows.

Defendant,

1. A proprietor of a game providing business shall not offer free gifts other than the types determined and publicly notified by the Minister of Culture and Tourism;

From July 2006 to September 5, 2006, the first floor (trade name omitted) game of the medical building located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan City from around 45 to May 1, 2006, the first floor of the medical service building operated by the person himself was designated as the gift certificates for game software establishments from the Korea Game Industry Development Institute in accordance with the "The Ministry of Culture and Tourism announced 2005-9 (No. 2005-9)", and the gift certificates were designated as gift certificates for game software establishments from the Korea Game Industry Development Institute in accordance with the "The Ministry of Culture and Tourism announced." (company name omitted), the eight floors of the medical service building in Gwangjin-gu, Seoul, 247-16 and the "TEL. 02-3437-388", which are forged gift certificates designated and publicly notified by the Minister of Culture and Tourism to many unspecified customers, and provide them as gift gifts to many and unspecified customers.

2. A game providing business entity may not provide a game providing service for the use of any content different from that of the game which has not been rated by the Korea Media Rating Board or that of the game rated;

In the same date, at a place as referred to in the preceding paragraph, and at the same time and place, where the Video Rating Board did not receive a rating from the Video Rating Board, establish five game equipment, and receives a rating from the Video Rating Board that there is no so-called "finite function" in which the game is carried out by inserting a medal and continuously winning," which includes 10,00 won finites differently from the contents of the rating 20 times in the middle of which the specific pattern is identical, provide customers with game products for use different from the contents of the rating without rating and the contents of the rating, and provide them with game products for use, in the middle of which the specific pattern of pattern is identical, 20,000 won in total, by adding the "finite function" drawn over 12 times in total;

3. A game providing business entity may not cause or induce any other person to engage in gambling or other speculative acts by using a game product;

In the same time and place as referred to in the above paragraph (1) above, the term "mix", 20 won, five times of the game machine", etc. and allow many unspecified customers who have found such places to start game by inserting money in the game machine, and have them exchange merchandise coupons or exchange money directly with the game businessman in cash by having them exchange merchandise coupons or exchange money in cash by having them directly exchange merchandise coupons with the game businessman, by having them with the number such as "BAR", "7", etc. and their pictures take place at the game machine screen when they stop, and, in particular, if the specific picture is identical to the other on the line when it takes place, the specific picture (the "light") can be acquired up to 2.50,00 won in succession by "strawing function".

The summary of evidence is the same as the corresponding column of the judgment of the court below, and it is also accepted by Article 369 of the Criminal Procedure Act.

1. Article applicable to criminal facts;

The provision of free gifts as indicated in the judgment: Article 50 subparag. 3 and Article 32 subparag. 3 of the former Sound Records, Video Products and Game Software Act (amended by Act No. 7943, Apr. 28, 2006; hereinafter the same shall apply), Article 30 of the Criminal Act

Violation of rating classification: Article 50 subparagraph 1-2 of the former Sound Records, Video Products and Game Software Act, Article 21 (1) of the former Sound Records, Video Products and Game Software Act, Article 30 of the Criminal Act

Article 49(1)2 and Article 32 subparag. 2 of the former Sound Records, Video Products and Game Software Act; Article 30 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes as prescribed by the Act on the Aggravated Punishment and Articles 38 (1) 2 and 50 (Aggravation of Concurrent Punishment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48(1)1 and 2 of the Criminal Act

The defendant's motive and background leading to the crime of this case, the period operated by the game of this case, the size of the game of this case, and the fact that the game of this case is operated by providing forged securities as free gifts for a considerable period of time, and the defendant's age, character and conduct, power, and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, which are shown in the records and pleadings of

Of the facts charged in this case, the summary of the exercise of forged securities is as stated in Paragraph (2) above. As seen in the same paragraph, it constitutes a case where the prosecution procedure is null and void in violation of the law, and thus, the prosecution against this part is dismissed under Article 327 subparagraph 2 of the Criminal Procedure Act.

Judges Ocheon-cheon (Presiding Judge) Lee Jong-il