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(영문) 부산지방법원 2016.10.20 2016고단4931

게임산업진흥에관한법률위반

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1. The Defendants shall be punished by imprisonment with prison labor for eight months.

2.Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

A game products related business entity shall not have any person conduct gambling or other speculative acts, or leave such acts to do so by sharing the game products, and no one shall exchange or arrange for exchange or repurchase the tangible or intangible results, such as points obtained through the use of the game products, or conduct business of purchasing such results.

Nevertheless, on February 2016, the Defendants gathered that the Defendant A operates the aforesaid speculative game room in the “D Gameland” located in the 3th floor of the Seocho-gu Busan, Busan, and Defendant B, as a so-called “sloak” outside the game room, intended to operate the speculative game room by means of exchanging in cash the remainder after deducting 10% of the amount corresponding to the points obtained through the game from the commission from the customers, which is equivalent to the points obtained through the game, by allowing them to confirm whether they are customers or not.

피고인들은 공모하여 2016. 2. 13. 14:00경 위 게임장에서 ‘가디안’ 게임기, ‘물이야기’ 게임기 합계 40대를 설치하여 그 곳을 찾은 불특정 다수의 손님들로 하여금 10,000원 권 등 지폐를 투입하고, 속칭 ‘똑딱이’라고 불리는 자동진행장치를 사용하여 게임을 하도록 한 후, 위 손님들이 게임을 통해 획득한 점수에 해당하는 금원의 10%를 수수료로 공제한 나머지를 현금으로 환전하여 주었다.

As a result, the Defendants conspired from the end of January 2016 to February 15, 2016 to engage in the exchange of scores, which are intangible outcomes obtained through the use of the said game product, as their duties, and used the said game products to allow others to gamble or perform other speculative acts, or neglect to allow them to do so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. A H statement;

1. Records of seizure and the list of seizure;

1. Each investigation report shall be 18 pages, 27 pages, 160 pages, 160 pages;