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(영문) 대전지방법원 천안지원 2020.04.14 2020고정38

게임산업진흥에관한법률위반방조

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game products.

피고인은 2018. 11. 9.경부터 2019. 6. 9.경까지 아산시 B에 있는 C에서 일당 10만 원을 받고 종업원으로 근무하면서, D의 지시를 받고 손님들이 그곳에 설치된 삼장법사, 뉴미스터손, 띵호와포카 등의 게임기를 통해 획득한 점수를 1점당 1원으로 계산하여 E에게 알려 주면 E이 손님에게 현금을 지급하여 환전해 주도록 하였다.

As a result, the defendant aided and aided the exchange of tangible and intangible results acquired through the use of D game products.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each police suspect interrogation protocol of F and E;

1. Each statement of G, H and I;

1. An investigation report (afolating screen images) ;

1. Application of Acts and subordinate statutes to the records of seizure, records of seizure and list of seizure;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Selection of Game Industry, Article 32 (1) of the Criminal Act, Article 32 (1) of the Criminal Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant acknowledges his criminal act, and that it is only an employee's participation in D's illegal game exchange activities.

However, even if the defendant's statement is based on the defendant's statement, he/she received KRW 100,000 per day while working for seven months, and it seems that the period of aiding and abetting act is reasonable and that it is the monthly wage that the defendant received.

In addition, it is difficult to view that the punishment of a summary order is unfair considering various circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.