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(영문) 의정부지방법원 2015.10.23 2015고단2819

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who operates a mutual game hall of "C Gameland" on the second floor of his/her own Government, and who is a person operating a game hall of "C Gameland", shall commit any act detrimental to the distribution order of game products by exchanging or arranging exchange or repurchaseing, or engaging in a business of repurchase.

Nevertheless, at around 17:00 on July 6, 2015, the Defendant: (a) sought from the “C Gameland” above; (b) sought from employees D (Suspension of Prosecution on the same day); (c) sought from customers E to exchange the game money equivalent to 22 points acquired through the said game with 10,000 won; and (d) exchanged the amount of KRW 198,00,000 after subtracting 10% from the said point from the fee as commission to E via E, and exchanged the game money acquired by customers from around March 2015 to around the above temporary date.

Accordingly, the defendant in collusion with D for the business of exchanging tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each statement of E and F;

1. Records of seizure and the list of seizure;

1. Application of on-site conditions and Acts and subordinate statutes governing games;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] : Provision of use of illegal game products and so on. There is no basic area (6 to 1 year and 6 months) (6 months) [the decision of sentence] [the decision of sentence] 6 months, the suspension of execution 2 years: exchange of tangible and intangible results obtained through the use of game products and so on.