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(영문) 대구지방법원 2016.05.10 2016고단764

게임산업진흥에관한법률위반

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging exchange or repurchase intangible results obtained through the use of game water.

On September 18, 2015, the Defendant engaged in money exchange business with approximately 4 million won for money exchange business and money exchange business from a person without his/her name, and received such daily allowance. The Defendant conspired with the person without his/her name to “the period at which the customers using the game room are provided with free vouchers to exchange KRW 900 per share of cash per 1 minute after obtaining a free right to use from the customers with a free right to use,” from September 21, 2015 to September 19:00 of the same month from September 21, 2015, the Defendant received a telephone contact from the visitors using the game room in the name without his/her name until around 19:00 of the same month, and received a free right to use, which is the result of obtaining from them through the use of the game product, and made an intangible result of money exchange with the average of KRW 300 million per day after deducting a fee of KRW 1,000 per free right to use and converting it into KRW 90 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol and list of seizure, a voluntary submission, and a waiver of ownership;

1. Application of Acts and subordinate statutes to photographs of seized articles related to the arrest of the money exchange offender;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the types of illegal games, such as the provision of water for the use of such illegal games (the scope of the recommended punishment] (the person who has no special sentencing factors);

2. The circumstances taking into account - there are no criminal records of reflectivity, the same kind and suspension of execution or more, and the contents of the crime in exchange - Other Defendants’ age, sex, health conditions, and