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(영문) 수원지방법원 안산지원 2017.07.06 2017고단882

게임산업진흥에관한법률위반

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[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six 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

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 early February 2017 to March 17, 2017, the Defendant installed a total of 60 game machine in the “E” located on the first floor in Ansan-si D D D 1, Ansan-si, Ansan-si, 20, 20, and 20, and exchanged the said game machine to many unspecified customers, and exchanged KRW 10,000 per cash at 10,000 upon receipt of a demand for exchange of points, which are the result of the said game.

2. As seen in the foregoing paragraph 1, Defendant B, knowing that he exchanged the outcome of a game to many unspecified customers, was aware of the fact that Defendant B, as seen in the foregoing paragraph, and was an employee of the game site as indicated in the foregoing paragraph from the early policeman of March 2017 to March 17, 2017, and provided a protection by explaining game methods to many unspecified customers, or by exchanging points obtained by customers in cash so as to facilitate A’s above crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of information on money exchange and video image);

1. Application of statutes on site photographs;

1. Relevant legal provisions and the choice of punishment on the crime - Defendant A: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of the Game Industry (the choice of imprisonment), Defendant B: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of the Game Industry; Article 32(1) of the Criminal Act (the degree of participation in the crime by an employee is relatively minor, etc.);

1. Defendant B who is mitigated: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62(1) of the Criminal Act (a) provides that confessions and reflects on crimes;