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(영문) 대전지방법원 2020.10.23 2020고단2809

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who operates a scamba with the trade name of "C" in Daejeon Seo-gu B.

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible and intangible results (referring to game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree, such as score, premiums and virtual currency used in game) acquired through the use of game products.

Nevertheless, from August 29, 2019 to December 31 of the same year, the Defendant: (a) paid KRW 10,000 in cash to unspecified customers, such as D, who installed five computer units in the said “C” room and found the said game site; (b) accumulated 10,000 points in the game money of the “E” game site; and (c) exchanged the game points to 1 to 5,000 won per day, such as paying the game points in cash to the customers who completed the game at the rate of KRW 1:1.5 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police with regard to D;

1. Reporting on the occurrence of a crime, a suspected violation of the Game Industry Promotion Act, and reporting on the internal investigation, and notification to a department related to 112 reported cases;

1. Details of deposits and transactions;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Grounds for sentencing of imprisonment, with labor, pursuant to Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry, collectively, with respect to the pertinent legal provisions and the choice of punishment for the crime;

1. The scope of punishment by law: Imprisonment for one to five years;

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 brokerage, and repurchase business [the scope of recommendation field and recommendation range]; the basic field of business; six months through one year and six months;

3. Determination of sentence: Imprisonment with prison labor for a six-month period; the defendant is not remarkably repented in depth; the size of a game room is not large; has neither exceeded a fine nor has criminal power in the same kind;