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I jointly operated a server with an operator who runs an illegal gambling site in the Philippines, and this time I was caught in a crackdown and apprehended by the police. The police said it is a violation of the Game Industry Promotion Act. What kinds of conduct constitute a violation of the Act? I would also like to know the level of punishment for a co-conspirator. If there is a Seoul attorney, I would appreciate an answer.
Game Industry Promotion Act
Answer
Published:
Author : Byung Joon KOH
Hello. This is a Seoul attorney.
The Game Industry Promotion Act is the statute that provides the basis for various game regulations and for the prior-review system.
Violations of the Game Industry Promotion Act mainly consist of △distributing game products that have not been rated △inducing speculative acts such as gambling through games △operating illegal private servers △producing and distributing game hacks and the like.
You currently appear to have been booked for the act of operating an illegal private server under the Game Industry Promotion Act.
Operating an illegal private server refers to the act of making a similar or identical game without permission from the game's copyright holder and operating it as if it were the same game in order to obtain a profit.
If such conduct is detected, it falls under imprisonment for not more than five years or a fine not exceeding 50 million won, and severe punishment may be imposed.
Moreover, a charge of violating the Copyright Act may also apply, resulting in a higher level of punishment.
All criminal proceeds obtained from operating an illegal private server may be confiscated.
In particular, where a gambling site has been jointly operated, it may be judged to promote speculative acts, so the offense of opening a gambling place under the Criminal Act or a violation of the Network Act may also apply together.
A co-conspirator is also punished in the same manner as the principal offender, and because the level of punishment can vary depending on the degree of involvement in the operation and whether profits were distributed, it is important to prepare an accurate legal response together with a Seoul attorney from the early stage of the investigation.

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