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(영문) 대구지방법원 서부지원 2020.06.02 2019고단3628

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 of the final judgment.

Reasons

Punishment of the crime

No game products related business entity shall allow others to engage in gambling or other speculative acts using game products or leave them to do so, and no one shall exchange, arrange for exchange or repurchase the results of tangible or intangible results acquired through the use of game products or engage in business of repurchase.

Nevertheless, the defendant from Aug. 2019 to Aug. 2019

8. From the 15:00 on December 15, 23, 200, in the Daegu-gu, Seo-gu, and the 2nd floor “C Gameland,” the game game providing business was established with 40 game equipment called “the flame festival” and had many unspecified customers visiting the said business place bring money into the said game machine and let them do the game, and exchange the remaining amount after deducting 10% from the money exchange commission for the points obtained.

As a result, the defendant, as a game products related business entity, allowed gambling and other speculative acts using game products, and exchanged tangible and intangible results acquired through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Police seizure records;

1. Photographss and replies made by Seo-gu Office in relation to CDs and game rooms, pictures of exchange videos, photographs of games, and on-site photographs of games;

1. Application of the Investigation Report (No. 28) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 1, 28 (2) of the Act on the Selection of Game Industry Promotion, and Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1448, Apr. 1, 2006)

1. Probation;