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(영문) 대구지방법원 경주지원 2019.10.02 2019고단351

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of ten thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B The game machine of 70 Dozers, such as the building C at the time of racing, the first floor, and the first floor, are installed with 40 Dozers and 30 Dozersum, and then the game providing business is operated in the trade name of "D," and the defendant A is employed as the owner of the registration business of the above gameland (the word "the second president").

1. No defendant A game products related business entity shall allow any other person to gamble or perform other speculative acts by using game products, or leave such person to do so;

From April 30, 2018 to February 28, 2019, the Defendant: (a) recorded and accumulated points (marks indicated in BNK) acquired by many unspecified customers in the game in the instant game site on a portable device in which the Defendant possesses; (b) transferred the corresponding points when converting the said game points into KRW 1 per point to cash exchange among customers; or (c) allowed customers to do gambling or other speculative acts using the said game products, or to have them do so.

2. Defendant B, as the owner of the above “D”, committed an act of violation as referred to in the preceding paragraph in relation to the Defendant’s duties at the date, place, and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article applicable to criminal facts;

(a) Defendant A: Article 44 (1) 1 and Article 28 (2) 2 of the Game Industry Promotion Act;

(b) Defendant B: Articles 47 and 44(1)1 and subparagraph 2 of Article 28 of the Game Industry Promotion Act;

1. Selection of punishment (Defendant A): Selection of imprisonment;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Confiscation (Defendant A) Article 48 (1) 1 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment (Defendant B).