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(영문) 광주지방법원 순천지원 2017.09.07 2017고단479

게임산업진흥에관한법률위반

Text

Defendant

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

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A shall do so at all times.

D. A business owner running an Internet computer game facility providing business under the trade name of "E Game Center" on the first floor, and Defendant B is the employee of the above game room.

1. Defendant A: (a) from August 17, 2016 to November 2, 2016, Defendant A installed 40 games of “Sscar 2’s secret 2” in the above game from around August 17, 2016; and (b) upon receipt of a request from a large number of unspecified customers who perform the said game to refund the winning points, Defendant A exchanged KRW 9,000 per day an average of KRW 1 million per day by converting 100,000,000 per day after deducting 10% of commission from the winning point 1.

As a result, the above defendant carried out a business exchanging water through the use of game water.

2. Defendant B, on the same day as paragraph (1) of this Article, knew that Defendant B, upon receiving a demand from many unspecified customers for the refund of the winning points during the use of the game machine, Defendant B made initialization of the points of the game machine in question and exchanged the remainder of KRW 9,000 after deducting KRW 10% of the commission for money exchange from KRW 10,00,000, in cash, even though he knew that Defendant B, on the same day as paragraph (1) of this Article, had a view that Defendant B made the exchange of KRW 9,00,000 after deducting the points of the game machine in question from KRW 10,00,000, in order to assist the said customer, made it easier for the said customer B to check the points acquired and notify A

Summary of Evidence

1. Defendants’ legal statement

1. In the case of Defendant B, each part of the police interrogation protocol on the interrogation of the suspect (including the contents of the Kakao Stockholm message attached to the Defendant B), F, and G

1. Police seizure records;

1. Report on internal investigation (as to attachment of a face-to-face exchange in the E Game Chapter) and exchange photographs within the E Game Chapter;

1. A criminal investigation report (as regards attachment of site photographs), on-site photographs;

1. Application of three copies of the official statutes related to the issuance of a permit for a game room;

1. The relevant Article of the Criminal Act and the defendant A who has selected a sentence on the criminal facts;