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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In light of the main facts charged in the grounds of appeal, it is apparent that the game machine is a speculative electronic machine to drive the speculative game in light of its operation and operation methods, and the Defendants also deemed to have engaged in speculative acts by recognizing its speculative nature in light of the operation method of the above game machine and the method of paying premiums. However, the judgment of the court below which acquitted the Defendants of the facts, which affected the conclusion of the judgment.
2. The summary of the facts charged of the instant case is the game product, the outcome of which is determined by an incidental method, and the benefit of property is given depending on the result, and it is prohibited from engaging in speculative activities as a business using a “speculative electronic machine.”
A game work is a speculative game work in which a user selects one of six pages arranged on the left side of the screen and then selects in accordance with the nine paintings drawn on the right side operated by the cryp method, and then obtains points by winning in the case where the most of the said nine parts of the said nine parts are consistent with the picture (the friendlyness of the game), and the score obtained by winning in the game at 5,000 points is paid directly from the game machine (the direct compensation for the result of the game). A.
Defendant
A Violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by Defendant from April 12, 2013
9. By December 24, 200, in the F Gameland on the second floor in Busan Jung-gu, Busan, a 104 game for the above “mail recognition business” was established, and an unspecified number of customers finding the place used the above body recognition business game in the above manner, and directly paid one gift gift per 5,000 points (market price equivalent to 2,50 won) obtained according to the incidental result.
In particular, the above books contain “B” and the exchange value is set, and the gold and French exchange account is set.