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(영문) 서울북부지방법원 2015.05.14 2014고정2516
게임산업진흥에관한법률위반
Text

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

Reasons

1. Summary of the facts charged

A. On May 25, 2014, at around 23:05, Defendant A, within the EPC located in Nowon-gu, Seoul Special Metropolitan City, the Defendant: (a) received KRW 90,00 from B visited for gambling; (b) collected 90,00 won from B; and (c) demanded B to use cyber money by filling 9,000 won with Ad (F) he/she’s possession; and (d) provided, as a result of the game, he/she performed speculative acts so that he/she can gamble in the PC operated by the Defendant by refunding KRW 10,00 per 10,00 if he/she remains.

B. On May 25, 2014, at around 23:05, Defendant B paid a total of KRW 90,000 to the said PC-based business owner A in the EPC located in Seoul Special Metropolitan City, Nowon-gu, and provided a 9,000 eggs at G site, and used a PC-based card with the 90,000 square meters (in order after having received the first four cards using the cards and exchanged the cards three times in a three-time order, and then, after the final distribution of the cards, Defendant B carried out a game with a different pattern or a low number of card, and then carried out a 30,000 square meters for each time from 20,000 to 20,000 won (2,00 won).

2. The term “determination gambling” refers to “the determination of a gain and loss of property by scambling things”. If a game money is paid in cash to use the game provided at the Internet game site and is charged for a game, and if the game money obtained as a result of the game cannot be commercialized or exchanged, the contents of the game classified by the Game Rating Board exist.

It is difficult to view that the mere fact that cash was paid to charge game money falls under “the determination of the acquisition and loss of property by singing and by betting.”

Thus, in this case, the game used by Defendant B is the result of the game.

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