최근 게임아이템 현금거래 사건과 관련한 형사법적 문제점과 전망

Abstract

Recently, the Supreme Court affirmed the judgement of the appellate court about the case of Real money trading(so called RMT) in Online game Lineage. The court found the accused, who exchanged items and game-money(which is called as Adena in Lineage) to real money, not guilty. The Game Industry Promotion Act introduced the prohibition clauses of business of money changing in 2007. The clauses prevent the material or formless results that are obtained on the use of game from making a business of money change, intermediation of money change, or re-purchase of it. The material or formless results mean points, prizes, game moneys, or game data that is obtained on the abnormal use of game. But this judgement showed that RMT is not illegal and Virtual Economy would prosper. Many people suggested that these behaviors(RMT) will make Game as Gambling and could not divide Playing with Gambling, so RMT should be strictly prohibited. But from now these opinions should be changed and reconsider about RMT. The RMT has many criminal issues such as fraud, burglary, exploit, gambling, money laundering. If game items or game money is considered as property in criminal act, many difficult problems should be resolved. With this judgement, I hope the conflict of legal interpretation about game items or game money would be settled and many studies about criminal responsibility on the RMT published. I think a new legislations about Virtual Economy with game items or game money is needed or the existing laws should be amended.