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(영문) 대구지방법원 2018.12.14 2018고단1127 (1)

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B is a person who operates the D Game Chapter in the Glock Group C, and Defendant E is an employee of the former female-friendly group, Defendant A, and Defendant F.

Defendant

B, Defendant A, and Defendant F conspired with each other, from April 16, 2017 to May 16, 2017, Defendant B provided 40 marine game machines from April 16, 2017 to May 16, 2017, and entered and delivered to customers the paper stated in the “selective ticket” by converting the points they acquired through the said games into KRW 10,000 per cash into KRW 10,000,000, and then had the customers who received the said betting ticket enjoy the right of drawing. Defendant A and Defendant F exchanged the fee of 10% from the points indicated in the “selective ticket” received from the customers.

Accordingly, the above Defendants conspired to exchange tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. A protocol concerning the examination of suspect B or G by the prosecution;

1. A protocol concerning each of the police suspects against the accused, E, or F;

1. Each statement or self-written statement of H, I, J, K, L, or M;

1. Protocols of police seizure and list of seizure;

1. Application of the Acts and subordinate statutes to an investigation report (investigation into D lessee), a contract for sublease of real estate, a report on investigation (verification of a suspect E account), details of account transactions, etc., investigation report (report on the calculation of profits of a suspect's game room), internal investigation report (report on the calculation of earnings), internal investigation report (report on the calculation of earnings of a suspect's game site), game control site, F identification pictures of a suspected suspect, etc., report on internal investigation (related to detection of a suspected suspect A and seizure materials), investigation report (related to cell phone electronic records seized by a suspected suspect);

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.