beta
(영문) 춘천지방법원 2015.08.20 2015고단655

게임산업진흥에관한법률위반

Text

Defendants shall be punished by imprisonment for ten months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants are married couple.

The Defendants stated the bill of indictment 2015 in 2014, but it appears to be a clerical error in 2015.

1. 9.경부터 2015. 3. 11.경까지 강원 홍천군 C에 있는 D게임장에서, 싸이렌 게임기 20대, 멍텅구리 게임기 20대, 판타지아 게임기 30대 등 총 70대의 게임기를 설치하고 그 곳을 찾은 손님들로 하여금 위 게임기를 이용하여 획득한 점수를 1점당 1원으로 환산하여 환전해 주었다.

The Defendants conspired to exchange points obtained through the use of game products by customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement related to E, F, and G;

1. Seizure record and list;

1. Application of statutes on site photographs, real estate rental contracts, copies of books, and copies of passbooks;

1. Article 44(1)2 of the Game Industry Promotion Act, Articles 32(1)7 of the Game Industry Act, Article 30 of the Criminal Act, and the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Confiscation (Defendant A) Article 44 (2) of the Game Industry Act, Article 48 (1) 1 of the Criminal Act;

1. Collection (Defendant A) Article 44(2) of the Game Industry Act, Article 48(2) of the Criminal Act, Defendant A stated that monthly average sales were KRW 10 million at the time of the prosecutor’s investigation. In fact, the Defendants operated a business for about two months, the amount deposited from January 9, 2015 to March 6, 2015, totaling KRW 2,601,000, and even though Defendant A spent part of the monthly sales to obtain criminal proceeds as monthly rent, the amount spent by the offender to obtain criminal proceeds was used as a means of consuming criminal proceeds even if it was spent from criminal proceeds.