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(영문) 서울북부지방법원 2017.01.20 2015고단2108

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 9 shall be confiscated.

Reasons

Punishment of the crime

A game water-related business entity shall not cause others to gamble or perform other speculative acts by using game water, or cause them to do so, and no one shall exchange, arrange for exchange or re-purchase of the tangible or intangible results obtained through the use of the game water for business purposes.

Nevertheless, from January 10, 2009 to March 13:30, 2009, the Defendant changed the contents to be distributed from 20 points to 1,000 points on the screen by providing 39 computers and 40 monitors in the mutual infranchising games in Seoul, Jung-gu B and 2; and exchanging 10,000 won per 10 points of the points allocated to customers, by providing them with the game room, and exchanging 10,000 won per 10 points of the points assigned to customers.

As a result, the Defendant had many and unspecified people such as C, etc. do gambling and other speculative acts using game water, and exchanged tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Books attached to the police protocol for suspect interrogation of E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 1, Article 28 subparagraph 2 (a) of the Act on the Promotion of Alternative Game Industry (the fact that a person has engaged in speculative acts using game water), Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Game Industry (the fact that a person has exchanged game outcomes) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 44 of the Confiscation Industry Promotion Act;