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(영문) 대구지방법원 2020.05.27 2020고단461

게임산업진흥에관한법률위반

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[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a game hall with the trade name “D” from around February 8, 2019 to the Daegu Dong-gu C and the third floor.

A game products related business entity shall not allow others to engage in gambling or other speculative acts using game products or not leave them to do so, and no one shall exchange, arrange for exchange or repurchase the results of tangible or intangible outcomes acquired through the use of the game products or engage in business of purchasing such results.

Nevertheless, from February 8, 2019 to May 10, 2019, the Defendant established 50 games in the above “D” game room and 50 game machine, and exchanged the remaining amount after deducting 10% from commission fees to customers by calculating 10,000 won per point obtained through the use of the said game product.

As a result, the defendant allowed gambling and other speculative acts using game products, and exchanged tangible and intangible results obtained through the use of game products.

2. From Apr. 2019 to May 1, 2019, Defendant B: (a) provided “D” game room with a game product to enable A to perform speculative acts; (b) received KRW 10,00 won per hour, despite being aware of the fact that he/she conducted money exchange business; and (c) provided money exchange to customers visiting the said game site; or (d) assisted and abetted A’s speculative acts and money exchange business by facilitating coffee and exchange business.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Each internal investigation report and each investigation report;

1. Records of seizure and the list of seizure;

1. A real estate lease contract;

1. Application of photographic Acts and subordinate statutes by cutting down a money exchange image;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 44(1)1 of the Game Industry Promotion Act, Article 28 Subparag. 2 of the same Act (a) and Article 44 of the Game Industry Promotion Act.