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(영문) 대전지방법원 2014.01.17 2013고단4387

게임산업진흥에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 123 shall be confiscated.

Reasons

Punishment of the crime

From June 22, 2013 to July 26, 2013, the Defendant operated the “D Game Establishment” of the 2nd floor C building in Daejeon-gu, Daejeon-gu, Daejeon-gu, and provided 40 units of the “D Game Rating Board,” which were modified to automatically run a game regardless of the game user’s choice and ability to manipulate, so that customers may obtain points according to a contingency. If 5,000 points are acquired, the Defendant provided a bearer item card with points of 5,000 points kept without any limit on the frequency, so that they could easily exchange it from the money exchanger or play a game again to the point stored on the card, thereby granting an exchange value of 5,00 won at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness EF;

1. The police seizure report and seizure list;

1. Responses with the results of appraisal;

1. The application of Acts and subordinate statutes to investigation reports (a copy of business account books, etc.);

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Specific Crimes-Related Acts and Regulation and Punishment of Speculative Acts, Etc. (the occupation of speculative businesses using speculative machines, the occupation of imprisonment), Article 45 (4) and Article 32 (1) 2 of the Act on Promotion of the Game Industry (the occupation of providing game products, the contents of which are different from those of the classification, and the choice of imprisonment);

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

1. The crime related to the illegal game room for the reason of sentencing under Article 48(1) of the Confiscation Criminal Act requires strict punishment as a highly harmful crime, such as encouraging the citizens to commit an excessive speculative spirit and hindering sound labor practice, and thus, it is necessary to establish a steel-CCTV before and after the establishment of this type of fine, which has no record of criminal punishment on two occasions other than the two occasions, and the method of crime and the poor business period of crime (35 days).