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(영문) 부산지방법원 2013.10.16 2013고단4299

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 5 shall be confiscated.

3 million won from the defendant.

Reasons

Punishment of the crime

The Defendant is a person who has run a “D” business in the “CPC bank” located in Busan Jin-gu B and the third floor.

The defendant from February 20, 2013 to the same year.

3. From 20:00 to 20:00, from the above PC room, the PC 10 p.m. leased PC 10 p.m. from E, the owner of the above PC room business, to provide many unspecified customers with “D”, which is a speculative game product of the old slot machine method not classified by the Game Rating Board, and exchange them in cash after deducting 10% of the fee from the points obtained as a result of the game.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (F-related Internet search results are attached);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to report internal history;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 44 (1) 2, 32 (1) 1 (the point of providing an ungrade game product) and 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry (the point of providing an ungrade game product and the choice of imprisonment) of the Act on the Promotion of Game Industry;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in a violation of the Game Industry Promotion Act due to Provision of Game Products with heavy offense)

1. Article 44 (2) of the Confiscation Industry Promotion Act;

1. The sentencing of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry is relatively small, and the defendant does not have the same criminal record.

However, the crime of this case requires a strict punishment of social harm, such as encouraging the gambling spirit of the general public and undermining the will to work, thereby choosing imprisonment.

In addition to the above circumstances, the sentence of this case shall be determined as ordered in full view of various circumstances, such as the background, means and result of the instant crime, the period of the crime, the age, character and conduct, environment, criminal records, and the circumstances after the crime.