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(영문) 수원지방법원 평택지원 2018.09.20 2018고단625

게임산업진흥에관한법률위반

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of the "E Gameland" in Gyeonggi-si D 116, and Defendant B is the employee in charge of money exchange, customer care, cleaning, etc. in the above game.

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

Defendant

A, from September 14, 2017 to December 21, 2017, from “E Gameland” established 20 games for “Mus 2199” and “Mus 20 games for “Mus 219” games, and had many unspecified customers who find the above game hall play the game using the above games. Defendant B, from September 18, 2017 to September 21, 2017, worked as an employee in “E Gameland” and from the same month, requested exchange of gift certificates (5,000 won per head) acquired by customers through the game, exchanged in cash an amount calculated by deducting 10% of the amount of gift certificates.

As a result, the Defendants conspired to exchange intangible results obtained by using game water as a business.

Summary of Evidence

1. Defendants’ legal statement

1. A statement of F and G;

1. Each investigation report and internal investigation report;

1. Police seizure records;

1. Application of statutes on field photographs;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor, concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Protection and observation and community service order under Article 62-2 (1) of the Criminal Act;

1. The scope of the recommended sentencing guidelines for the reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act (Defendant A) is six months to one year, and one year and six months. The Defendants’ criminal records of the same kind of crime, the size of the game room, and the operating period are considered in sentencing by comprehensively considering the following factors.