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(영문) 수원지방법원 성남지원 2018.02.21 2017고단3506

게임산업진흥에관한법률위반

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

Nos. 1 to 5 of seized evidence is respectively from the defendant.

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results (marks, free gifts, game money prescribed by Presidential Decree and things similar thereto) obtained through the use of game water.

Nevertheless, from the beginning of December 2017 to December 12, 2017, the Defendants: (a) in the “D” game site located in Gwangju City; (b) Defendant A, as a business owner; and (c) Defendant B, as an employee, was in charge of the management and exchange of the game site; and (c) Defendant B, as an employee, was in charge of the management and exchange of the game site; and (d) in order for unspecified customers to exchange the game scores obtained by using 80 units of the said game in the “lock,” “lock,” “credit,” and “YYY, Y,” which are located in the said game site; and (b) in order for them to exchange the game scores obtained by using 10% of the commission to exchange the remaining game scores obtained by using

As a result, Defendants conspired to exchange tangible and intangible results obtained through the use of game water for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of E and F;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry, and Article 30 of the Criminal Act (the imprisonment with prison labor for Defendant A and the fine for Defendant B)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended punishment on the sentencing guidelines - Defendant A [Scope of the recommended punishment] - The basic area (six months to one year and six months) (any person who is subject to special sentencing) of the basic area (including six months to one year and six months), such as the provision of illegal games for use, etc.

2. Determination of sentence [Public Prosecutor's Opinion] Defendant A: Imprisonment with prison labor for a year and six months / Defendant B: fine of three million won / [Judgment] Defendant A: Imprisonment for a period of ten months / Defendant B: the operation of a fine of two million won for an illegal speculative game site is sound.