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(영문) 서울동부지방법원 2018.08.22 2018고단943

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, and for six months, for Defendant C, respectively.

All the Defendants.

Reasons

Criminal facts

Defendant

A is the owner of “D” game room business, Defendant B is the head of the game room business, and Defendant C is the head of the game room.

around 10:00 on August 8, 2017, the Defendants: (a) around 10:0, the instant game chapter located in Songpa-gu Seoul Metropolitan Government; (b) around 50,000 game points (bank points) acquired by a customer who is a customer by using the game in cash purchased from the said place, provided that the Defendant A, B, and C, from around March 2017, the Defendant C, from around July 2017 to August 8, 2017, charged the nameless customer with the sale defect, the said F’s 50,000 points in the game machine used by the non-nameless customer, and provided that the said game hall was operated to enable the customer to use the said points in cash exchange among the customers, respectively.

As a result, the Defendants conspired to use game water for gambling and other speculative acts, and caused the Defendants to do so.

Summary of Evidence

1. Witness F, G, H, I, and J each testimony;

1. Application of Acts and subordinate statutes on seizure records;

1. The penal provision: Each Game Industry Promotion Act (Article 44(1)1 and Article 28(2) of the Criminal Act and Article 30 of the Criminal Act (Article 30(1)2 of the Criminal Act) (Article 30 of the Criminal Act provides that even if a person is found guilty, he/she is not a principal offender but a subsidiary offender. However, even if he/she is found guilty, his/her simple employee was not prosecuted as H, I, and J, and the Defendants are not satisfied with functional control as an executive officer, and thus, the dispute is not accepted).

1. Suspension of execution: Article 62 (1) of each Criminal Act (Defendant A and B are once every one of the minor fines records, and C are of the same kind, but the degree of involvement in this case is taken into account);

1. Social services, etc.: 62-2 of the Criminal Act;

1. Confiscation: Defendant A’s prosecution under Article 48(1)1 of the Criminal Code is based on six identical profits confirmed by the account book, estimated profits for 130 days during a business period to KRW 113,641,580, and collected the criminal proceeds of this amount to Defendant A;

Whether it is subject to confiscation or collection or the amount of additional collection.