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(영문) 대구지방법원 김천지원 2013.09.05 2013고단614

게임산업진흥에관한법률위반

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[Defendant A] The defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is the owner of “F Gameland” in the Gu and America E.

No game products related business entity shall allow any person to gamble or perform other speculative acts using a game product, or leave such person to do so.

Nevertheless, from October 24, 2012 to November 02:30 of the same year, the Defendant provided 43 games, which are game products, where a score is made according to a friendly outcome, to many and unspecified customers who find such places, for a fee, and provided 5,000 won for the score obtained as a result of the use of the game, and provided one book per 5,000 points for the score obtained as a result of the use of the game. In addition, the Defendant provided customers with a book to exchange or exchange 4,500 won per sheet through exchange in which customers’ names are unknown.

As a result, the Defendant committed gambling, other speculative acts, or left alone to do so by using game products.

2. Defendants B and C were the employees of the above game site from October 24, 2012 to November 02:30 of the same year, Defendant A, despite being aware of the fact that Defendant A had customers engage in speculative acts using game products or left them, aided and abetted Defendant A to commit the crime by facilitating the commission of the crime, such as having the customers who discovered the above game site or inserting books, which are free gifts in the game machine, in recognition of the fact that Defendant A had them engage in speculative acts, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements (the second court date);

1. Each police statement of G and H;

1. Application of police seizure records and list statutes;

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Promotion of Game Industry, Defendant B and C who choose a penalty for a crime: Article 44 (1) 1 and Article 28 subparagraph 2 of the same Act, Article 32 of the Criminal Act;