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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant's receipt of points issued by the defendant in operating the game room can be used again for the game equivalent to the amount indicated in the future. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the game room's sales of points accumulated in the certificate of custody was conducted among the customers, and that the defendants neglected to perform speculative acts by being aware of the fact.
Nevertheless, the judgment of the court below which acquitted the Defendants of the facts charged is erroneous in misapprehending the legal principles or affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that Defendant C is a person engaged in the general game providing industry under the trade name of “I Game Center,” and Defendant A and B are employees of the above game room.
From January 1, 2014 to July 16:30, 2014, the Defendants operated a game hall by entering points in the certificate of custody of points or by entering points in the game machine of another customer as the head of the above game hall, and operating the game hall by managing the game room, such as cleaning and employee management.
The Defendants: (a) input at least 1,000 won in the game machine in the above game room is given 1,000 points and more than 100 points per time each game is carried out; and (b) install at least 100,000 points per time and install at least 65 units for the game machine in rare 3 difficulties; (c) even though the original game method of the above game machine does not provide the method of accumulating the points, customers are able to play the game and enter the points on the card for keeping the points and then make the same possible for customers to resume the above game; and (d) enter the points with the certificate of keeping the points at the request of the customers into the game machine using other customers.