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(영문) 광주지방법원 목포지원 2015.09.10 2015고단856

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

5,160,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant operated an adult game room with the trade name of “D” in the Mapo-si, and E was the nominal owner of the above game room, and F was in charge of exchanging in the above game room.

From June 18, 2014 to August 6, 2014, the Defendant appears to have written in the above game room the “5 pullar 54 pullar 54 vehicles and 30 vehicles Mullar 30 vehicles” written in the indictment of the said game room from June 18, 2014, which is a game product not permitted to be used by juveniles, as a mistake. Since there is no influence on the Defendant’s right to defense, the Defendant’s correction ex officio is made ex officio.

The total number 2050 20 each is established with E, and the game score, which is the result of the use of the above game, has been accumulated in the members card, and F customers have exchanged 9,000 won with the game score 10,000 won, excluding 10% of the fee per point when they offer the above card with the game score accumulated.

Accordingly, the defendant exchanged the result obtained through the use of game products in collusion with E and F.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of F and E by the prosecution;

1. A copy of each police statement made to G and H;

1. Copies of police seizure records and seizure list;

1. A copy of the report on internal investigation (for field verification);

1. A copy of the investigation report (limited to the change of the number of game apparatuses in the D game room);

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 44 (1) 2, Article 32 (1) 7, and Article 30 of the Criminal Act concerning the relevant criminal facts, and Articles 44 (1) 2, and 32 (1) 7 of the Act on the Selection of Game Industry;

1. Grounds for sentencing under Article 44 (2) of the Act on the Promotion of Additional Collection and Game Industry;

1. Determination of types of crime: Crimes of speculative and game products, provision of use, etc. of illegal game products, etc.;

2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);

3. The defendant who has been sentenced to the sentence two times for the same kind of crime, among which one of them was sentenced to imprisonment, again commits the crime of this case.