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(영문) 광주지방법원 목포지원 2018.02.13 2017고단1145

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

Nevertheless, from September 5, 2016 to October 13, 2016, the Defendant installed and operated 30 or more juvenile non-use game apparatuses, and provided the above game water to customers and exchanged one won per point of score obtained by customers, except for 10% of the fee, in case where the Defendant requests the exchange of the game scores which are the result of the use of the above game water.

Accordingly, the defendant committed an act of exchanging tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police concerning the name of the handicapped;

1. Application of Acts and subordinate statutes to D Gameland video CDs, seizure records, and copies of daily sales account books;

1. Relevant legal provisions concerning facts constituting a crime and Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act and the main sentence of Article 44(2) of the Act on the Promotion of Game Industry;

1. Consideration of the reasons for sentencing under the latter part of Article 44 (2) of the Act on the Promotion of Additional Collection and Gift Tax, including the fact that the defendant appears to be light to recognize and reflect the crime of this case, the period of the crime of this case and its profits are not high, there is no record of punishment for the same crime, and the fact that there is no record of punishment for the same kind of crime, and the fact that the defendant's health is not good and that the defendant supports old age.