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Q

Please tell me about violations of the Game Industry Promotion Act.

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I recently saw investment information online and was contacted — they said there'd be profits and asked me to send money to an account. I didn't suspect at first because it was a small amount... but then contact was cut and I couldn't recover the money. Does this count as financial fraud? Is it hard to recover already-sent money, and what measures should I take now?

Game Industry Promotion Act

A

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Hello. This is a Seoul attorney.

The Game Industry Promotion Act is the law that serves as the basis for various game regulations and the prior review system.

Violations of the Game Industry Promotion Act mainly consist of △ distribution of unrated game products △ inducement of gambling and other speculative acts using games △ operation of illegal private servers △ production and distribution of game hacks, etc.

It appears that you have currently been booked for the act of operating an illegal private server among Game Industry Promotion Act violations.

Operating an illegal private server refers to the act of obtaining benefits by creating similar or identical games without permission from the game copyright holder and operating them as if they were the same game.

If this act is caught, you may be subject to imprisonment of up to 5 years or a fine of up to 50 million won, which is strong punishment.

Furthermore, copyright law violation charges may also apply, leading to higher levels of punishment.

All criminal proceeds obtained from operating illegal private servers can be confiscated.

In particular, if you jointly operated a gambling site, it may be judged as encouraging speculative behavior, and the crime of gambling place opening under criminal law or violation of the Information and Communications Network Act may also apply.


Co-conspirators are also punished the same as the principal offender, and the level of punishment may vary depending on the degree of involvement in operations and profit distribution, so it is important to prepare an accurate legal response with a Seoul attorney from the early investigation stage.

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