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(영문) 창원지방법원 2020.11.27 2020노2169

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant, along with accomplices, had them perform speculative acts using game products and exchange the outcome obtained through the use of game products as a business. Since such crimes related to illegal game farms are highly harmful to society, such as encouraging speculation and impairing the people's sound sense of work, strict measures are needed.

The game room for the crime of this case is considerably large, and the period of business is also long.

The defendant has played a relatively important role in committing crimes such as managing game place and employees.

The defendant had a record of criminal punishment twice, including punishment for the same crime, and re-offending during the period of repeated crime due to the same crime.

However, the defendant is against himself while committing a crime.

The defendant does not commit a second offense.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the arguments, including the circumstances after the crime.

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Violation of the Game Industry Promotion Act) / [Determination of a type ] Speculativeness and provision, etc. of the use of illegal game products / [Type 3] Aggravation elements of speculative business, etc. of using game products [Special / Aggravated Punishment] : In the area of aggravation of repeated crimes of the same kind [recommended area and recommendation range], imprisonment with prison labor for one to three years;

(b) Crimes 2 (Violation of the Game Industry Promotion Act) / 100 of the Act on the Promotion of Game Industry / 100 of speculative acts and game products / 2] Provision, etc. of the use of illegal game products / [Class 2] money exchange, money exchange brokerage, and repurchase business (special person] increased elements: Aggravation of repeated crimes of the same kind / [recommended area of recommendation and recommendation range] increased area, imprisonment with prison labor for one year

(c) Standards for handling multiple crimes shall be met;