Defendants are not guilty.

1. 공소사실 피고인 A은 서울 은평구 C건물 지하 1층에서 ‘라이언킹’, ‘황금포커성’, ‘자뻑포카’, ‘로얄고도리2’ 등 227대의 게임기를 설치하고 ‘D’라는 상호로 게임장을 운영하는 사람이고, 피고인 B은 위 게임장의 야간 부장으로서 게임장을 총괄 관리하던 사람이다.

No game products related business entity shall allow any person to gamble or perform other speculative acts using game products, or leave such person to do so.

Nevertheless, from September 13, 2016 to February 22, 2017, the Defendants: (a) operated the said game hall in such a way that many unspecified customers have accumulated and provided points obtained through the game in a computer in the kickter; and (b) provided the accumulated points in the event of a re-rupture, and (c) provided the said game hall in a way that re-ruptures are charged to the game machine; (b) even though they are aware that money was exchanged for sale and purchase of points among customers, they provided the points purchased from other customers, or sold the points acquired as a result of the game to other customers so that other customers may accumulate them.

As a result, the Defendants conspired to allow customers to engage in gambling and other speculative acts using game products or left them unattended so that they can do so.

2. Determination

A. Comprehensively taking account of the following evidence submitted: (a) it appears that the points accumulated as a result of a game transaction among customers in the game room operated by the Defendants would have been traded for a fee; (b) under such circumstances, the Defendants were given and received cash as a result of the said transaction in the game room inside and outside the game room; and (c) the accumulation point is filled with any customer’s designated game machine at his/her request, etc.; and (d) the said game machine charging is made by other customers.