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(영문) 대구지방법원 2020.06.10 2019노2035
게임산업진흥에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are inconsistent with the issuance of free vouchers, but the lower court convicted the Defendant even though the game users did not sell free vouchers, and thus, the lower court’s judgment is unlawful. 2) The Defendant’s sentence (a fine of KRW 8 million) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. The Defendant and the defense counsel of the lower court asserted the same as the grounds for appeal in this part of this part, and the lower court rejected the above assertion in detail as the Defendant’s assertion and its decision between the summary of evidence and the application of statutes.

B. 1) The Act on the Promotion of Game Industry (hereinafter “Game Industry Act”) is the relevant legal doctrine and the Game Industry Promotion Act.

Article 28 provides that one of the matters to be observed by game products business entities shall not allow others to gamble or perform other speculative acts using game products, or leave them to do so. Article 28 provides that a person who violates Article 28(1)1 of the Game Industry Act shall be punished.

Speculative acts referred to in the above statutory provisions mean the act of determining the acquisition and loss by an incidental method and causing loss or profit to the person who committed the act.

Therefore, if the acquisition and loss of a game product provided by a game providing business entity through a rating classification is determined in a pro-friendly manner, and the certificate, etc. provided to a game user as a result of the game has exchange value that can receive and distribute consideration among the game users, the issuance and delivery of the above certificate, etc. as a result of such game constitutes the act of speculative acts using the game product.

At this time, a game providing business operator is game.

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