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(영문) 부산지방법원 서부지원 2019.06.12 2019고단21

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

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

From September 27, 2018 to November 15, 2018, the Defendant operated C (hereinafter “instant game room”) with the second floor in Busan Seo-gu B, Busan (hereinafter “instant game room”) and installed a total of 60 game machine in the instant game room from September 27, 2018 to November 15, 200, and exchanged the remaining amount of money calculated by deducting 10% from commission to customers, after converting the points obtained by customers by providing the instant game to a large number of unspecified customers who have found the instant game site into 1 won per shop.

Accordingly, the defendant was engaged in the business of exchanging the results obtained through the use of game products.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D;

1. A report on investigation (referring to a method to manage scores) and a photographic photograph on a game room;

1. Notification of succession to the status of a general game providing business operator (C);

1. Application of Acts and subordinate statutes on photographics and storage dyefies;

1. Relevant laws on criminal facts, Articles 44(1)2 and 32(1)7 of the former Promotion of the Game Industry Act (Amended by Act No. 15859, Dec. 11, 2018); the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act for forfeiture;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for illegal game products: Provision, etc. of the use of illegal game products [Type 2]: Money exchange, intermediation of money exchange and repurchase business [no person in special form] [the scope of recommendation field and recommendation range]; the basic area of recommendation [the scope of recommendation field and recommendation range]; six months through one year and six months;

3. Considering that the content of the instant crime is not good and that the period of the instant crime is not shorter than the period, a serious punishment against the Defendant is imposed.