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(영문) 대전지방법원 2020.07.22 2020고단2113

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No game products related business entity shall allow others to gamble or perform other speculative acts using a game product, or leave the game product so that they may do so, and no one shall provide game products which have not been classified for the distribution or use, or display or keep the same for such purpose.

The Defendant is a person who has installed nine computer monitors and main body in Seo-gu, Seo-gu and Daejeon, and operates a “C” game room.

On December 28, 2019, at around 23:30 on December 28, 2019, the Defendant paid the game money amounting to KRW 10,000,000 to D with money from D who was a guest in the above C Game site and to KRW 10,00,000, which was able to access the Internet E site, and caused D to sell the said game money through the said Ad, which was not classified by the Game Management Committee.

As such, the Defendant, from December 5, 2019 to December 28, 2019, had many customers, such as D, perform speculative acts using game products, or provided game products not classified.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each statement of D and F;

1. Investigation report (the replys on the results of requests for appraisal of game products and video data), replys to requests for cooperation with investigation;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. Copy of lease contract; and

1. Application of field photographs, 112 reported field photographs and Acts and subordinate statutes;

1. Relevant Article on criminal facts, Article 44 (1) 1, subparagraph 2 of Article 28 of the Act on the Promotion of the Game Industry Selection and Punishment ( point of speculative act), Article 44 (1) 2, and Article 32 (1) 1 of the Act on the Promotion of the Game Industry ( point of providing game products classified as classification) and the choice of imprisonment, respectively;

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

1. Article 62 of the Criminal Act: