beta
(영문) 대전지방법원 천안지원 2014.10.31 2014고단984

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

Defendant

A is a business owner who operates a game room in the trade name of "D" on the north-gu Seoul 2th century, and the defendant B is a worker in charge of a carper in the above game room.

From April 3, 2014 to the same year, Defendants conspired with employees, etc. in charge of Buddhist exchange.

4. By the end of 14.1, the game room at the above game room, where the sum accumulated in the game room is 10,000 won after installing a 40 game machine for the game room and allowing customers to play the game by inserting a part of the base base in the above game machine, one item card shall be automatically discharged, and employees in charge of exchange of the unit shall exchange the sum of KRW 9,000 per head with an item card in front of the above game room, with an employee in charge of exchange of the unit card 9,00 won per head.

Accordingly, the Defendants conspired with the above employees in order to exchange tangible and intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Examination protocol of suspect E by the prosecution;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

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 concerning criminal facts;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of probation and community service order: Article 62-2 of the Criminal Act;

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

1. The prosecutor asserts to the effect that Defendant A obtained criminal proceeds of KRW 2,400,00 by exchanging the items card 2,400 for 12 days.

However, by paying 10,00 won to customers and exchanging the item card with 9,000 won per head of the game, it cannot be readily concluded that the criminal proceeds of 1,000 won are generated to Defendant A at each exchange, and it is also difficult to prove that one item card card is traded with 10,000 won.