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(영문) 부산지방법원 2019.08.28 2019고단3065

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment for eight months, and for four months, each of the defendants B and C shall be punished by imprisonment.

However, Defendant C is subject to objection.

Reasons

Punishment of the crime

1. No game products related business entities of the Defendants shall allow the Defendants to engage in gambling or other speculative acts by using game products, or leave the Defendants to do so, and no one shall exchange, arrange for exchange or repurchase the results of tangible or intangible, such as scores obtained through the use of game products, or engage in business of repurchase;

Nevertheless, Defendant A operated the game room with the trade name of the building D in Busan Metropolitan City and the “E” on the first floor. Defendant B, while managing customers’ response units and employees, managed the above game room by collecting cash in the game machine, etc. Defendant C selected only the customers whose contact address is stored as “blobb” and conspired to exchange the points obtained by customers with the game in the name of the non-titled name.

피고인들은 위와 같은 공모에 따라 2018. 9. 7.경부터 2019. 1. 11.경까지(피고인 B, C은 2018. 12. 20.경부터 2019. 1. 11.경까지) 위 게임장에서 ‘매그니토’ 게임기 50대 및 릴회전식 게임기인 킬빌 등 게임기 20대를 설치한 후 그곳을 찾아온 불특정 다수의 손님들에게 조작이 없이도 게임이 진행되도록 자동누름장치(일명 똑딱이)를 제공하여 이용하게 하면서 손님들이 게임을 통하여 획득한 점수 1점당 1원으로 계산한 금액에서 수수료 10%를 공제한 나머지 금액을 손님들에게 현금으로 지급해 주었다.

As a result, in collusion with the name in exchange for the defendants, the defendants were engaged in the business of exchanging points obtained through the use of game products, and let many unspecified customers perform speculative acts by using game products.

2. Defendant A’s crime;

(a) Any person shall distribute or use game products, the contents of which are different from those of the rating;