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(영문) 대구지방법원 2019.08.13 2019고단2712

게임산업진흥에관한법률위반

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a game hall with the trade name of “C” from the Daegu Northern-gu B and the third floor.

No one shall exchange, arrange for exchange or repurchase tangible and intangible results obtained through the use of game products as a business.

Nevertheless, from February 15, 2019 to March 28, 2019, the Defendant set up and operated the said “C” game room, and the 50 game machine of “col forum bus 2 gold-sea” game, and exchanged the remaining amount after deducting 10% from the fee, in cash, to customers, by calculating 10,000 won per point obtained through the use of the said game product to the unspecified number of customers.

As a result, the defendant has carried out a business exchange of tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of one CD-related statute to a CD containing a informed video;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act;

1. 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, good offices, and repurchase business [the scope of recommendation field and recommendation range]; the basic area of recommendation [the scope of recommendation field and recommendation range]; six months through one year and six months;

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for not less than eight months, the suspension of execution of not less than two years, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

Illegal circumstances: illegal.