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(영문) 서울서부지방법원 2018.10.26 2018고정777

게임산업진흥에관한법률위반

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who establishes five PCs in Eunpyeong-gu Seoul Metropolitan Government and operates "CPC room".

No game water-related business entity shall allow any person to engage in gambling or other speculative acts by using game water, or leave such person to do so, and no one shall engage in the business of converting into money or arranging exchange or repurchase of tangible and intangible results (referring to points, premiums, virtual currency used in the game and things similar thereto prescribed by Presidential Decree, such as game money and things similar thereto prescribed by Presidential Decree) acquired through the use of the game water.

Nevertheless, from May 2017 to November 201, 2017, the Defendant: (a) had D, a customer from the above CPC room, play a game in E; (b) received the cost of purchasing game money from D to the Defendant’s corporate bank account (F) and the Defendant’s corporate bank account (H) with the Defendant’s wife’s name; and (c) received money from D to the sales of the game money; and (d) purchased the game money to make D use of it.

As a result, the defendant had D, a customer, engage in gambling and other speculative acts using game water or leaving D to do so, and exchanged tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to D (including a detailed statement of entry and departure transactions);

1. Articles 44 (1) 1, 28 subparagraph 2 (a) of the Act on the Promotion of Game Industry, and Articles 44 (1) 2 and 32 (1) 7 (a point of exchange business) of the same Act concerning facts constituting a crime, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;