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(영문) 울산지방법원 2020.08.13 2019고단2340 (1)

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for six months.

except that 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 one shall arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game products.

B was willing to engage in illegal money exchange business in which customers receive points in cash by exercising overall control over the operation of the D Game Center in Ulsan-gu C and the second floor, and the defendant, E and F were willing to engage in illegal money exchange business in which customers receive points in cash by performing a role of assisting the operation of the Game Center with employees.

In collusion with B, E, and F, from August 2018 to October 11, 2018, the Defendant installed a total of 70 game machine, including 50 pick game machine, in the said D game room, so that unspecified customers may use it, and provided customers with the points obtained through the said game machine for money exchange business.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the prosecution examination protocol concerning B to the prosecution;

1. Article 44 (1) 2, Article 32 (1) 7, and Article 30 of the Criminal Act concerning the relevant criminal facts, and Articles 44 (1) 2, and 32 (1) 7 of the Act on the Selection of Game Industry;

1. A prosecutor related to collection under Article 62(1) of the Criminal Act requests the defendant to collect additional collection.

However, the whole amount of profit earned by money exchange is the amount of profit acquired by the game room business owner and paid by a simple employee from the game room business owner is merely the consumption of money and valuables acquired by the owner of the business.

(See Supreme Court Decision 2008Do11789 Decided February 12, 2009, etc.). According to the records of this case, the Defendant merely received benefits while working as an employee, and as such, it is merely a mere fact that the amount equivalent to the benefits is collected from the owner of the business, the Defendant is not subject to additional collection from the owner of the business.

Reasons for sentencing

1. The scope of recommendations according to the sentencing guidelines (a decision of types), speculative game products and crimes related to game products; 1. Provision, etc. of illegal game products;