beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant, as the owner of the “CPC Bank” on the part of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City’s 1st floor from May 201 to September 23:00, the Defendant opened the “CPC Game” program on the six computers of the said PPC computer from around the end of May 2011, and provided an unspecified customer with the 10,000 won cash-based phone to purchase the game money from the head office to purchase the 8,000 won in cash-based 10,000 won, and then allowed them to access the said “CPC Game” Internet site (D). The Defendant opened the said program for gambling with the PC customers of other PC-based 1st, 201, after deducting 3% of the PC game money and 100% of the settlement cost and 10.3% of the profits they acquired.
2. The crime of gambling opening in Article 247 of the former Criminal Code is established by opening a gambling place under the control and control of the gambling place for the purpose of profit-making. The term "for profit-making purpose" means an intention to gain an interest in illegal property in return for opening gambling place.
(See Supreme Court Decision 2008Do3970 Decided October 23, 2008). The instant Schlage game program appears to be legally rated by the Game Rating Board as game products, and even according to the entries and investigation records of the above indictment, the Defendant opened and altered the above game products and provided them differently from those classified by users.
There is no discovery that the game money was exchanged into money.
In addition, the prosecutor stated in the indictment that the defendant deducteds 3% with respect to the acquisition scores of customers and 10.3% of the settlement with respect to the settlement of accounts, but there is no evidence to acknowledge it.
On the other hand, although the defendant's purchase of 3,00 won from 8,00 won from the head office and sale of 10,000 won to customers may be problematic, there is no legal provision prohibiting this part, there is no such sale by the defendant.
Even though customers are in the above game site, they are themselves.