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(영문) 의정부지방법원 고양지원 2019.11.29 2019고단2533

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who operates the “C” in Paju City B.

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

Nevertheless, from December 21, 2018 to March 7, 2019, the Defendant installed 50 game machines of “culp bus 2 gold game” at the above place and received cash from many unspecified customers who found the above place, and issued culphones corresponding to the corresponding amount, and when customers enter serial numbers listed on culphones into the game machine and receive points from them, they enter them in the game machine and perform the said game in accordance with the arrangement and order of the forests, such as ducks, culfs, and culs, and exchange the remaining amount after deducting 10% from the relevant points after calculating approximately 10,000 won per 1 million won according to the points.

Accordingly, the defendant was engaged in business of exchanging the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (related to video images before exchange);

1. A monthly commercial rent contract;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes on the photograph of a game room and text message related to money exchange, and the cash photographs seized;

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

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

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of punishment for illegal game products: 【No person who has a business of exchanging, arranging exchange, or purchasing new game products [type 2] [the scope of recommendation field and recommendation range]; 6 months through one year and six months;

3. The defendant shall be sentenced to a sentence;