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(영문) 대전지방법원 2015.05.12 2014고단3310

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From Haman on April 201 to Haman on August 2014, 201, the Defendant provided 80 game instruments, such as the E-game site in Daejeon-dong Daejeon-gu, Yellow 40, Black 30, Royon 7, Lyon 4, and Lyon 80, for customers to use, so that customers may obtain points according to a friendly outcome. When acquiring points through the above game, the Defendant provided customers with the points written by the points or a member card with the points written by the points written by it or the points written by it, so that customers may easily exchange them or play a game again to the extent that they were stored in the above card, etc.

As such, the Defendant had customers engage in gambling and other speculative acts using the above game products, and provided free gifts, etc. to promote speculation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused;

1. Investigation report (at the time of regulation, etc.);

1. Crafic photograph;

1. Application of Acts and subordinate statutes, such as a membership card and photograph;

1. Article 44 (1) 1, 1-2, and subparagraphs 2 and 3 of Article 28 of the Act on the Promotion of the Game Industry concerning facts constituting a crime;

1. Selection of a selective fine for punishment (such as the first offender, the fact that the game machine operated by the defendant is not illegal game machine, but is not actively exchanged or arranged by the defendant);

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. With respect to the assertion that the defendant failed to commit a violation of the Game Industry Promotion Act, the defendant and the defense counsel made full efforts to prevent money exchange in the game room by entering the accumulated points at the request of customers (hereinafter “the instant card”). The membership card issued by the defendant in a written or bearer electronic form, and the defendant made full efforts to prevent money exchange in the game room. Some customers make a bearer or a written name card through transactions.