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(영문) 울산지방법원 2019.04.30 2019고단101

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

The defendant is the owner of "C Game Site" on the second floor of the building located in Ulsan-gu B.

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

Nevertheless, the defendant from April 19, 2018 to the same year.

8. 16.경까지 위 게임장에서 ‘우주전함’ 게임기 30대, ‘씨엔블루’ 게임기 20대, ‘천지연’ 게임기 20대 등 총 70대의 게임기를 설치하고, 그곳을 찾아온 손님들이 위 게임기에 현금을 투입하여 1원당 1점을 부여하고 게임 시작 버튼을 누르면 게임이 시작되어 손님들에게 5장의 카드를 지급하는 일명 ‘포커’ 게임으로 1회당 100원이 차감되도록 게임 자동진행장치(소위 ‘똑딱이’)를 이용하여 게임을 하게 한 후, 손님들이 게임을 통해 획득한 결과물인 게임당첨점수에 대하여 1점당 1원으로 계산하여 현금으로 환전을 해주었다.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Application of each Act and subordinate statutes to a license of a general game providing business operator or a real estate lease contract;

1. Relevant legal provisions concerning criminal facts and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection and Promotion of the Game Industry (generally, the choice of imprisonment) concerning the relevant criminal facts;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

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

1. The method and attitude of money exchange act conducted in the game site of this case operated by the defendant for the reason of sentencing under Article 48(1) of the Criminal Act and Article 44(2) of the Game Industry Promotion Act are smuggling, and the game site of this case.