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(영문) 대전지방법원 2014.11.27 2014고단2787

게임산업진흥에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

From February 18, 2014 to March 3, 2014, the Defendant, while operating D Gameland on the Daejeon Dong-gu C and the first floor of the Daejeon-gu, Daejeon-si, and the first floor, installed 70 game products not classified, and visited many unspecified customers who visited the said places in cash in the game machine, and opened the game, had them play the game by obtaining specific points according to the appearance of automatic playing, example and smoke, and then, they exchanged the points that they acquired through the game in cash.

As a result, the Defendant carried out an act of exchanging tangible and intangible results obtained through speculative acts using speculative amusement devices and the use of game products, and provided ungraded game products for use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Automatic game software performance photographs of the D Gameland (Gu F Game Site);

1. Printed photographs of exchange videos for resting places in D Gameland;

1. The police seizure report and seizure list;

1. Application of the Acts and subordinate statutes governing appraisal and support;

1. Relevant Article on criminal facts and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning Punishment of Speculative Acts (the occupation of speculative business using speculative machines), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (the occupation of the business exchanging game result of a game), Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act (the occupation of providing game products without rating) concerning punishment, and the choice of imprisonment;

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

1. A business-period profit which is inferior to the business law, such as the installation of a fine for the same kind of reasons for sentencing under Article 44(2) of the Game Industry Promotion Act, Article 48(1) of the Criminal Act (2010) and CCTV, five times of a fine for a different species of punishment, and the exchange of it with the coefficient in the smoking room in the game room.