가상범죄에 관한 형사정책적 고찰

Abstract

Virtual crime or in-game crime refers to a virtaul criminal act that takes place in a massively multiplayer online game(MMOG), usually an MMORPG. Sometimes it is difficult to make a distinction between Virtual crime and Cyber crime. But Cyber crime is real crime which cause damage to real life. The damages by Virtual crime exit only virtually. Therefore though the virtual criminal act is considered as "criminal" by game users, the law in real world cannot be apply to it. But the huge time and effort invested into such games can lead online "crime" to spill over into real world crime, and even blur the distinctions between the two. If an user steals other's items in MMORPG, is it possible to prosecute hime as thief? This case occurs usually or sometimes in Online game space and items are traded as real money. the victims from virtual crime feel like real pains from real crime. But it is difficult to apply real criminal law to virtual crime. Because the items are not regarded as 'goods' in current criminal act. Items may be viewed as being property interests, but the behavior is not easy to be seen as fraudent. Also, many people suggested RMT will make Game as Gambling and could not divide Playing with Gambling, so RMT should be strictly prohibited. But recent judgement of Supreme Court found RMT is not illegal and Virtual Economy is permitted as Second Market. Furthermore, Copyright infringement, Cybersex, Freedom of Speech, Cyber terrorist, Money Laundry on Online game spaces are controversial issues. In this study, I will show how various deviances in online game space is regulated and considered as real crime in Korea and would like to seek legislative way to deal with virtual crime. I think a new legislations about Virtual Economy with game items or game money trade is needed and Self-regulation should take precedence over restrict by government. Lastly, I hope Control by technology is to be more proper method than legal regulation in Virtual crime.