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(영문) 의정부지방법원 2020.10.12 2020고단4036

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 15,00,000, and by a fine of KRW 5,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who conducts a general game providing business with the trade name "D" on the third floor of the C building at the same ducheon-si, and Defendant B is an employee of the above game place and is in charge of a money exchange business.

No one shall arrange for the exchange or exchange or repurchase of tangible or intangible results obtained through the use of game products as a business.

Nevertheless, the Defendants, from January 18, 2020 to February 27, 2020, set up 100 game machines, such as “competing”, “stoves”, “stoves”, and “stoves” in the above game room, and offered them for the use by customers, and exchanged the remainder after deducting 20% of the money exchange commission, by converting the points obtained as a result of the game into a certain amount, by cash.

As a result, the Defendants conspired to exchange intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of the defendant A;

1. Each police statement concerning E and F;

1. Each protocol of seizure and each list of seizure;

1. Data on reports on internal accidents (where data on registration of a game room are attached), and data on registration of a game room;

1. Investigation report (Attachment of a on-site photograph), on-site photograph;

1. A criminal investigation report (attaching a certificate of balance);

1. Application of Acts and subordinate statutes to investigation reports (specific business profits);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning facts constituting a crime: Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: The former part of Article 44 (2) of the Game Industry Promotion Act;

1. Defendant A: The latter part of Article 44 (2) of the Game Industry Promotion Act;

1. Defendants of the provisional payment order: Defendant A with the reason of sentencing of Article 334(1) of the Criminal Procedure Act, as the owner of illegal game room business, promotes the general public’s spirit of gambling.