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(영문) 대전지방법원 2017.06.22 2017고단535

게임산업진흥에관한법률위반

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Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants, as an employee of the game hall operated by C with the trade name of “Gameland” in Busan Shipping Daegu D and 2nd floor E, provided that the Defendants received approximately KRW 80,00 per day and provided information on the game method to customers finding the above game hall, and provided information on coffee and so on.

No one shall allow anyone to gamble or perform other speculative acts by using game water, or leave him/her to do so.

Nevertheless, from July 2016 to August 3, 2016, the Defendants conspired to acquire the said “Gameland” game customers through a game machine, such as “the sea of credit” established in the said game site, or prevented them from exchanging the remaining game points through money exchange.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each written statement of G, H, I, and J;

1. Each police statement with respect to K and L;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (as regards on-site photographs, etc. during the crackdown on gameland, with respect to the game products set up in the E Gameland, with respect to the period of crimes), and with respect to money exchange photographs, the application

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning facts constituting a crime, the applicable law concerning the selection of punishment, and Article 44 (1) 2 of the same Act concerning the selection of punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for each of the instant offenses are as follows: (a) each employee, who has no record of being punished for each of the instant offenses; and (b) provided labor after being employed by C, the proprietor of the instant game site, as an employee; and (c) thus, acquired criminal proceeds in relation to the instant crimes.

Unless there is a good reason not to see that it is difficult to do so, or