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(영문) 수원지방법원 평택지원 2019.02.15 2018고정254

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person in charge of duties, such as guidance of customers and exchange, while serving as an employee in Pyeongtaek-si C and 2'D' game site, and Defendant B is a person in charge of duties, such as money exchange, in the above game site.

No one shall engage in the business of exchanging or arranging the exchange or repurchase of tangible or intangible results obtained through the use of game products.

Nevertheless, the Defendants conspired with E, from February 26, 2018 to February 27, 2018, and from February 27, 2018 to March 13, 2018, upon the request of unspecified customers to exchange the game scores obtained by inserting cash in the said game machine and then, from March 13, 2018, they exchanged the remaining amount after deducting 10% from commission fees.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each list of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to details of response results from electronic analysis of mobile phones;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and the choice of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act of confiscation, and Article 44 (2) of the Game Industry Promotion Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;