beta
(영문) 서울북부지방법원 2019.08.14 2019고단403

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten 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 one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products.

Nevertheless, from the mid-22:20 on January 10, 2019 to the mid-2:2:20 on December 12, 2018, the Defendant installed a "maga" game in the computer 10 units, received money from customers, entered game money equivalent to the amount of money, and made profits from converting the game money acquired by customers into KRW 10,000 won per cash.

As a result, the defendant exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Voluntary reports and field photographs;

1. Application of Acts and subordinate statutes to report on investigation (Listening to suspect telephone statements);

1. Relevant Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry concerning criminal facts, the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion is that the Defendant, while operating a game room, promoted a speculative spirit by engaging in illegal money exchange business, and undermines the citizens’ sound sense of labor, and the criminal liability is not weak.

Furthermore, even though the defendant had been sentenced to fines twice due to the same crime, he again committed the crime of this case.

In the above circumstances, the punishment as ordered is to be determined by comprehensively taking account of the specific circumstances, such as the scale of the game products used for the crime, the age, occupation, character and conduct, family relationship of the defendant, and all the kinds of sentencing conditions shown in the records, such as the criminal defendant's age, occupation, character and conduct, family relationship