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(영문) 수원지방법원 안산지원 2019.05.30 2019고단911

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

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 game products related business entity shall allow any person to gamble or perform other speculative acts using a game product, or leave such person to do so.

The Defendant is the actual business owner of the “D Gameland” located in the member-gu B building C in Ansan-si.

Nevertheless, between December 10, 2018 and December 20, 2018, the Defendant installed a game room in the above game room, 60 game machine, 50 game machine, 60 game machine, and 60 game machine, and operated the game room, let customers play the game through the above game machine, and had customers play the game using the above game machine, exchanged the game machine in cash at the rate of 1 won per one point after deducting fee 20%, and if a customer who sells the game machine requests an employee of the game room to transfer his score to a guest who bought the game machine, he had an employee move the game machine to a customer who bought the game machine so that the customer can resume the game, thereby allowing the customer to do gambling or perform other speculative acts using the game machine, or inducing the customer to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of facts constituting a crime, and Article 44 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry, and subparagraph 2 of Article 28 of the same Act;

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

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

1. The fact that the reasons for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry recognize and reflects the Defendant’s crime is favorable. The crime of this case is likely to seriously harm society and thus require strict punishment. The size of the game of this case’s game room is significant, and there are previous tasks, etc. are considered disadvantageous circumstances. Other factors such as the Defendant’s age, character and conduct, motive and background of the crime, means and consequence.