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(영문) 인천지방법원부천지원 2020.11.03 2019고단4501

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging the exchange or repurchase of tangible or intangible results obtained through the use of game products.

The defendant operated a bank with the trade name of "Cprison bank" from the 1st floor in Bupyeong-gu, Seoul Special Metropolitan City.

At around 03:00 on January 26, 2013, the Defendant: (a) received KRW 700,000 from customers D; (b) allocated 700,000 points in the game money of “E”, which is an Internet gambling site; (c) allowed D to use the game, such as “bath,” and (d) exchanged D’s game money into KRW 70,000,000.

Accordingly, the defendant was engaged in business of exchanging intangible results obtained through the use of game products.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the police concerning D;

1. Application of statutes on site photographs;

1. According to the pertinent legal provisions on criminal facts and Articles 44(1)2 and 32(1)7 of the former Promotion of the Game Industry Act (amended by Act No. 14424, Dec. 2, 2016; hereinafter the same); the Defendant and the defense counsel asserted that the Defendant paid the remaining money to D in return for D’s money; however, according to the evidence adopted and examined by the court, the Defendant allocated D a certain amount of KRW 700,000 and 700,000 points to D’s money; D used the above game money in the Defendant’s game site; D demanded that the Defendant return the remaining money to D’s money after completion of the use of the game; and in light of this, the Defendant returned the money to D’s money to D’s first purchase of the money in return for D’s money.