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(영문) 서울서부지방법원 2017.05.30 2017고단32

게임산업진흥에관한법률위반

Text

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 the owner of the “D” game room located in Eunpyeong-gu Seoul apartment building C, and E is the employee of the above game hall.

No person shall engage in the business of exchanging or arranging exchange or repurchase intangible results obtained through the use of game water.

Nevertheless, from January 11, 201 to January 22, 2010, the Defendant: (a) installed 25 games in the instant game room from around January 11, 2010 to around January 22, 2010; and (b) hired E as an employee, and provided good offices for customers who found the above game room to receive money exchange in cash at KRW 4,500 per unit, where customers, who carried out a game by inserting cash in the game machine and carried out the game in cash; (c) and (d) in the vicinity of the game room, they arranged for money exchange in cash at KRW 4,500 per unit.

Accordingly, in collusion with E, the defendant committed an act of exchanging, exchanging, arranging exchange or re-purchase of intangible results obtained through the use of game products.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police with regard to F;

1. Application of the statutes governing copies of registration certificates;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to sentencing guidelines] The basic area of the second type (money exchange, money exchange brokerage, and re-purchase business) of the Act on the Use, etc. of O illegal games [the sentence] / The crime of this case is disadvantageous to the defendant that the crime of this case is not limited to the provision of game water to many unspecified customers, and it is not good that the crime of this case is committed by the defendant, such as encouraging a speculative spirit and undermining the sense of work, and that the defendant tried to gain economic benefits by taking advantage of the gambling spirit of customers.