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(영문) 부산지방법원 2015.10.23 2015고단5884

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. From December 12, 2014 to March 4, 2015, the Defendant installed a game product “Yatoma, Man Entertainment,” which was not classified in D Gameland on the 2nd floor located in Busan Northern-gu, Busan, on a 50 table PC, and provided customers with the said game room for use.

2. The Defendant paid the amount equivalent to the winnings obtained by unspecified customers in a coophone at the above date, time, and place, and had the coophone exchange 10% deducted from the coophone’s name.

As a result, the defendant was engaged in the business of exchanging the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused;

1. Each statement of E and F;

1. Each photograph, report on internal investigation, registration certificate and copy of books, replys to requests for appraisal, replys to requests for investigation and cooperation;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 44 (1) 2 and 32 (1) 1 and 7 of the relevant Act on the Promotion of Game Industry and the choice of imprisonment with labor concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Crimes 1 [Scope of Recommendation] for the reason of sentencing under Article 48(1) of the Criminal Act, Article 44(2) of the Game Industry Promotion Act, Article 44(2) of the Act on the Sentencing of Illegal Game Products / [Scope of Recommendation] Article 2 of the Act on the Distribution of Illegal Game Products / [The scope of Recommendation] that there is no basic area ( August to 16) [the scope of Recommendation] [the scope of Recommendation] / The basic area (6 to 16 months) of the two types of illegal game products (transfer, transfer brokerage, and repurchase) (6 months) [the scope of Recommendation] and the basic area (6 to 16 months] of the two types of punishment, including the provision of illegal game products. The sentence shall be imposed on the defendant in August to 23 [Pronouncement Decision] The defendant's illegal business period and the size of the business is long, and the social harm caused by illegal speculative games is serious.

provided, however, that the offence has been committed;