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(영문) 대전지방법원 2013.08.16 2013고정1135

게임산업진흥에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 5, 2012 to February 7, 2013, the Defendant: (a) installed a “D” game program at CPCs located in Daejeon Seo-gu, Daejeon; (b) delivered a fixed coophone by receiving cash from customers; and (c) informed a ID and password, the Defendant made customers enter ID and password into a “D” game site by entering the numbers indicated in the “E” game; and (d) made customers exchange game money in cash from the head office to customers.

The defendant purchased the fixed coophone from the side of the headquarters at a discount of 10%, and sold it to the customers, thereby acquiring the marginal profits.

As a result, the defendant provided game products not classified for use, opened gambling for the purpose of profit-making, and used game products for gambling and other speculative acts.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (whether to decide on classification classification of D Game);

1. Article 44 (1) 1, Article 28 subparagraph 2, Article 44 (1) 2, and Article 32 (1) 1 of the Act on the Promotion of Game Industry concerning criminal facts, and Article 247 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013);

1. Articles 40 and 50 of the Criminal Code of Trade Competition (trade between a violation of the Game Industry Promotion Act and a crime of gambling in accordance with a speculative act using game products);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;