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(영문) 부산지방법원 서부지원 2019.07.18 2018고단2453

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products.

피고인은 2018. 6. 6.경부터 2018. 6. 12.경까지 및 2018. 6. 22.경까지 부산 북구 B에서 ‘야팡팡’ 게임기 30대, ‘제왕전’ 게임기 30대를 설치하고 성명불상의 영업부장과 성명불상의 환전상을 고용하여 ‘C게임랜드’라는 상호로 게임장을 운영하였다.

The Defendant, in collusion with the above, had the above-mentioned winners find the above game site use the above game, and had them exchange the results of tangible or intangible profit obtained through the use of the game by converting the points (GLD) obtained by the customers into KRW 500,000 according to the result thereof, and making cash exchange to the amount obtained by deducting 10% from the fees.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of the name of the handicapped, D, and E;

1. A real estate lease contract;

1. Records of seizure and the list of seizure;

1. An investigation report (to be accompanied by C Gameland exchange videos and CDs submitted by the reporter);

1. Application of Acts and subordinate statutes to investigation reports (related to recovery of criminal proceeds);

1. Article 44 (1) 2, Article 32 (1) 7, and Article 30 of the Criminal Act concerning the relevant criminal facts, and Articles 44 (1) 2, and 32 (1) 7 of the Act on the Selection of Game Industry;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. The proviso to Article 44 (2) of the Act on the Promotion of Additional Collection;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of a type) and the crimes of speculative and game products; the provision, etc. of use of illegal game products (the type 2).