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The prosecutor's appeal is dismissed.
Reasons
1. Considering the legislative intent of the Act on the Promotion of Game Industry that seeks to promote the sound development of the game industry by prescribing the scope of game products more wide in consideration of the various types of game products and methods of providing game products, it is reasonable to view that the same constitutes “business of providing Internet computer game facilities” under Article 2 subparag. 7 of the Game Industry Promotion Act where a business is conducted in the form of providing multiple computers available to the general public and imposing user fees at the time of use.
Nevertheless, the lower court acquitted the Defendant of the instant facts charged by misapprehending the legal doctrine, thereby limiting the content of the provision of Internet computer game providing business.
2. Determination
A. The summary of the facts charged in this case is a person who operates the PC in the name of “C” on the 3rd floor in Gwanak-gu in Seoul Special Metropolitan City.
Any person who intends to engage in the business of providing Internet computer game facilities, such as the operation of the PC room, shall prepare facilities prescribed by relevant Acts and subordinate statutes and register with the competent authority.
Nevertheless, from April 2, 2015 to April 30, 2015, the Defendant operated the said “C” with the trade name of the said “C” without any registration of the competent authorities, and run the Internet computer game facility providing business.
B. As to the facts charged in the instant case, the lower court determined that “business of providing Internet computer game facilities” under Article 2 subparag. 7 of the Game Industry Promotion Act refers to a business of providing necessary apparatus and materials, such as computers, and allowing the public to use game products or use other information-providing products incidental thereto, and thus, the “business of providing Internet computer game facilities” refers to a business of providing necessary apparatus and materials and allowing the public to use game products and making other information-providing products incidental thereto.