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(영문) 대전지방법원 서산지원 2020.06.24 2020고단351

게임산업진흥에관한법률위반

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

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

Defendant

A In the F and the first floor “G”, the game machine of “for the elderly and the sea,” the 10 game machine of “for the elderly and the sea,” the 20 game machine of “bigine,” the 20 game machine of “Bamamb,” and the 20 game machine of “Pamb, the 20 game machine” are installed and operated in the game room, and Defendant B, Defendant C, and Defendant D are employed in the said game room from May 16, 2019 to August 7, 2019. < Amended by Presidential Decree No. 23748, May 17, 2019 to August 7, 2019; Presidential Decree No. 23748, Aug. 7, 2019>

No one shall engage in business of exchanging or arranging the exchange of tangible or intangible results obtained through the use of game products.

From May 16, 2019 to August 7, 2019, the Defendants: (a) caused many unspecified customers to put in the said game machine and engage in the said game; (b) Defendant D and Defendant E informed customers of the points they acquired when they want to exchange in cash the points they acquired through the game machine to Defendant A, Defendant B, and Defendant C; (c) Defendant A, Defendant B, and Defendant C, while managing the points of customers in Taebble PC, managed the points to the customers who want to exchange, calculated 10% of the points per point and deducted 10% of the remaining amount from the fee as the fee, and put them into the smoking room in the game room.

As a result, Defendants were engaged in the business of exchanging the results obtained through the use of game products.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. Exchange image CDs;

1. Seizure record and list;

1. Inquiry of details of financial transactions;

1. Afolating the details of I settlement;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Relevant Article of the Act on the Promotion of Game Industry and the selected Defendants: Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, and the remaining Defendants.