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(영문) 춘천지방법원 강릉지원 2017.03.29 2016고단1702

게임산업진흥에관한법률위반

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[Defendant A] Defendant A is punished by imprisonment with prison labor for eight months.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the "E Game Center" on the 2th floor of Gangnam-si D, the employee of the head of the above game room, and the defendant B is the pet of the above A.

1. No person who intends to engage in business of exchanging, arranging exchange or repurchase tangible or intangible results obtained through the use of game water;

Nevertheless, from July 21, 2016 to July 27, 2016, the Defendant: (a) requested an unspecified number of customers to refund points obtained through the use of the game product installed in the said entertainment room, and (b) made orders to exchange them to B and C or exchange them to unspecified customers by deducting 10% of the points directly won.

As above, Defendant was engaged in the business of exchanging intangible results obtained through the use of game products.

2. Defendant C, at the same time and at the same place as above 1.1. A, an owner of a business, knowingly known that he/she exchangeds the intangible result acquired through the use of a game product to customers, he/she was employed under the condition that he/she would receive daily expenses, and helps them do so.

3. Defendant B: (a) provided aid and assistance to the business prior to the exchange of A in a manner, such as providing customers with cash 10% of the winning points after being aware of the fact that the business owner, at the same time and at the same place as above 1.1; and (b) providing customers with an intangible outcome obtained through the use of a game product, in order to assist them with such act, with a well-known knowledge.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect against the defendant A or B by the prosecution;

1. A written statement of the F;

1. Police seizure records;

1. Game explanatory note;

1. Photographss and photographs at each seizure site by capturing each screen picture;

1. A criminal investigation report (the profit subject to collection shall be calculated;