[1] Requirements for the establishment of an accessory crime

[2] The case holding that as long as the act of gambling opening by the proprietor of the above game site cannot be recognized as a principal offender, the crime of aiding and abetting gambling is not established against a person who solicited a person who wants to purchase cyber money used in online games at the Internet game site and received money from him and sold cyber money by means of access to the above game site and wearing part of it, the crime of gambling opening cannot be established

[1] Article 32 of the Criminal Act / [2] Articles 32 and 247 of the Criminal Act

Defendant

Prosecutor

Daegu District Court Decision 2007No563 Decided August 28, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Accessories refers to aiding and abetting a principal offender before or during the commission of the principal offender and facilitating the conduct of the principal offender, so there is a need to implement the principal offender.

Upon examining the reasoning of the judgment below, the court below acknowledged the following facts in light of the admitted evidence, and found that the person who opened the above game site as a member of the Internet game called "water game" is in line with the water provided at the above game site via online, such as water-related games such as water-saving banks, bar banks, and water sackers, etc. using game products such as water-saving banks, and the defendant, among those who use the above game, sold cyber money by receiving money from a person who wants to purchase cyber money used at the above game site from among those who use the above game, and thereby accessing the above game site, and he was not guilty of the violation of the rules of evidence, such as violation of the rules of evidence, since there is no evidence to acknowledge that the above game operator provided cyber money as a means of gambling and acquired profits therefrom, and there is no such violation of the rules of evidence as alleged in the grounds of appeal and the decision of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hwang-sik (Presiding Justice)