1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

A. On October 19, 2017, B was issued a summary order ordering fine of KRW 10,000 and each game machine listed in the separate sheet (hereinafter “instant game machine”), KRW 10,000,000, and KRW 500,000, and KRW 500,000 (hereinafter “instant summary order”) for the following criminal facts.

With respect to B and D, the summary order of this case was finalized around that time, and C requested formal trial and was sentenced to a fine of KRW 8,000,000 on June 8, 2018.

(수원지방법원 평택지원 2017고정678). B은 평택시 E 2층에서 ‘F’이라는 상호로 ‘불새’ 게임기 40대, ‘빅팟’ 게임기 30대, ‘뉴캐슬’ 게임기 20대, ‘로얄고도리’ 게임기 2대를 설치해 놓고 일반게임장업을 하는 사람이고, C는 위 게임장에서 손님들이 게임을 통해 획득한 게임포인트를 일정 수수료를 제외하고 현금으로 교환해주는 속칭 ‘환전상’이며, D는 위 게임장 종업원이다.

B and C transferred the game points exchanged through employees, such as D, to the game desired by C, from December 2, 2016 to January 5, 2017, by deducting approximately 20% of commission fees from customers who find such places, and C exchanged in cash after deducting approximately 20% of commission fees from the game points acquired by using the said game products. B impliedly allowed C to exchange the game points in the above game area, and B moved them to the game desired by C.

As a result, B and C conspired to exchange tangible and intangible results obtained through the use of game products for business purposes.

B. Meanwhile, on the other hand, on January 5, 2017, B made a statement that “B made joint investments withG and operated the instant game room” (hereinafter “instant game room”), the investigation was initiated as to the suspected violation of the Game Industry Promotion Act even to G.

As a result of the investigation, "G was not at the site at the time of crackdown on the game site of this case, and B was mainly in charge of the game site.