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(영문) 대전지방법원 2016.06.22 2016고단295

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who conducts activities in exchange for money in a mutual game chapter called C Gameland in Class B.

No one shall engage in the business of exchanging or arranging exchange or re-purchase of tangible and intangible results obtained through the use of game water.

Nevertheless, from September 21, 2015 to October 7, 2015, the Defendant: (a) visited customers who visited the head of the game in the said game room using the game “non-fluor new” and “ Schlage DD 3”; and (b) exchanged the remaining game points into KRW 9,000 per 10 point cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecution with respect to D and E;

1. Each police statement made to F, G, and H;

1. A criminal investigation report (fix the screen of the exchange screen), a criminal investigation report (fixture photographs and cash), a criminal investigation report (member management system and a picture of a day in a mountain), a criminal investigation report (a suspect I game explanatory note and a report on the submission of telephone content);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning facts constituting a crime and Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act and Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to one year and six months) of the types (the business of arranging exchange, arranging exchange, and re-purchase) of illegal games and providing them with water;

2. The crime of this case, which led to the promotion of the people’s spirit of gambling and undermining the awareness of sound labor, is highly harmful to society, and the necessity of punishment is disadvantageous to the Defendant as it has not been eradicated even in continuous crackdown.

The defendant is recognized to commit a crime and reflects it, and he has not been convicted of the same kind of crime and has not been suspended.