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(영문) 인천지방법원 2018.11.08 2018고단4782 (1)

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A and D are those who jointly run “B” on the Namdong-gu E and 2 Incheon, and Defendant B and G are those who are in charge of the management and exchange of a game site while they are the employees of the above gameland.

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible and intangible results (referring to game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree, such as points, premiums and virtual currency used in game) obtained through the use of game water.

Nevertheless, at around 18:10 on March 13, 2018, the Defendants, in collusion with D and G, committed an act of exchanging, arranging, or re-purchasing intangible results obtained through the use of water in the above game field from February 6, 2018 to March 28, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Statement made to I by the police;

1. Written statements prepared by the J;

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

1. Each report on investigation;

1. Details of each text dialogue;

1. The ledger of registration (report) of the game industry;

1. Application of Acts and subordinate statutes to the cash exchange page photographs, etc. and field photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act; and Article 30 of the Criminal Act; Articles 44(1)2 and 32(1)7 of the same Act; and Articles 30 and 32 of the same Act

1. Defendant B who is detained 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 a community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 44 (2) of the Game Industry Promotion Act;

1. Defendant B of the provisional payment order: Each criminal procedure law.