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(영문) 울산지방법원 2018.01.26 2017고정1119

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in the juvenile game providing business shall prepare a facility and register it with the head of the competent Gu.

Nevertheless, on January 25, 2017, the Defendants conspired with the head of the competent Gu and did not register it with the head of the competent Gu. On January 25, 2017, 2017, the Defendants engaged in the business of providing games, such as having many and unspecified people input cash, and allowing them to play games.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of reply to whether a game providing business establishment is registered (No. 3 No. 5)

1. List of seizure and protocol of seizure;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Game Industry and the Defendants’ Selection of Punishment: Article 45 Subparag. 2 and Article 26(2) of the Act on the Promotion of Game Industry and Article 30 of the Criminal Act (Selection of Punishment)

1. Defendant B to suspend the sentence: A fine of one million won;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (Defendant B: KRW 100,000 per day);

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (Considering the favorable circumstances to Defendant B, such as the fact that Defendant B was the first offender, and that Defendant A appears to have operated the party headquarters in fact);

1. Defendant A: Article 48(1)1 of the Criminal Act;

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;