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(영문) 인천지방법원 2018.06.21 2018고단2875

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

No one shall make money exchange or arrange for money exchange or re-purchase of tangible or intangible results obtained through the use of game water, or assist such activities as a business.

Nevertheless, around April 27, 2017, Defendant A operated a game hall with the trade name of 104th floor of the 1st floor in Seo-gu Incheon, Seo-gu, Incheon, which is a "F Gameland", Defendant A opened 60 games for the game room business, which are not a sacker, and conspired to conduct money exchange business with many unspecified customers who want to find a business place by having them receive a 60 rating for the game room business.

On December 15, 2017, at around 16:22, the Defendants conspired to engage in an act of exchanging or arranging exchange or re-purchase of tangible and intangible results obtained through the use of the game product in the above game site from April 27, 2017 to January 10, 2018, by calculating 10,000 won per point of 10,000 won per 10,000 won from the bank hold in the game machine inside the game machine acquired from customers G, and deducting 10,000 won for reference witnesses, and exchanging 54,000 won in cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing money exchange photographs;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act (integrated) and the choice of imprisonment;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants to observe the protection: Article 62-2 of the Criminal Act;

1. Defendant A: The latter part of Article 44(2) of the Act on the Promotion of Game Industry [the basis for the calculation of the amount of additional collection: Revenue 20 million won; the expenses that are disbursed as the charge for the game room rent, electricity fee, personnel expenses, etc. of the Defendant’s confession statement (the investigation record 525 pages) about the amount of KRW 20 million, if any, shall be considered