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(영문) 수원지방법원 성남지원 2019.10.16 2019고단1850

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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

On January 19, 2019, the Defendant is a proprietor operating a game room after obtaining permission from a general game providing business entity in the building B of Gyeonggi-si and the "Croin Game Center" located underground.

No one shall exchange, arrange for exchange or repurchase tangible and intangible results obtained through the use of game products as a business.

Nevertheless, around 20:50 on June 19, 2019, the Defendant provided customers with a total of 80 game equipment, such as 20 game machines, and exchanged KRW 9,000,00, excluding 10% of the following fees, with regard to the game points (so-called breathed area) obtained by customers using the above game products, as to the game points (so-called breathed area) which they acquired by using the above game products.

As a result, the defendant exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site presentation of the informant, photographing images CDs;

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

1. Relevant Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry concerning criminal facts, the choice of imprisonment with labor;

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

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for illegal game products: Provision for the use, etc. of illegal game products [Type 2]: Money exchange, money exchange, good offices, and repurchase business [the scope of recommendation field and recommendation range]; the basic area of recommendation [the scope of recommendation field and recommendation range]; six months through one year and six months;

3. The sentence is identical with the sentence, taking into account the following factors: (a) there is no record of a crime exceeding the same kind of punishment or fine; (b) there is no record of a crime exceeding the fine; (c) the amount exchanged is not significant; (d) the scale and period of the crime; and (e) the Defendant’s age, occupation, character and conduct, family relationship, living environment; and (e)