온라인 賭博의 刑事責任－ 온라인 보드게임을 중심으로 －

Abstract

Online gambling means an act to play games of chance for money in internet(online). Internet is not the immunity space from criminal liability for gambling. But some problems occur in Online board game. Online board game is the game that an participant plays game of chance for Game money(Cyber money). So, in order to punish the player for gambling, it is necessary that Game money is regarded as goods. Game money which is only digital data is not regarded as goods in Korean Criminal Code system. But Gambling offence is applicable to the case that player gambles for property including tangible goods and immaterial valuable information. Thus, Online board game service providers should be resposible for opening gambling house even if players use game money in online when it can be converted into money. The Act on Special Cases Concerned with Regulation and Punishment of Speculative and Sound Records and Video, Game Products Act are not applicable to Online board game. Because these acts use the conception of material being, so we can not apply them to immaterial online game service.