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(영문) 부산지방법원 2015.09.10 2015고단3823

게임산업진흥에관한법률위반

Text

1. Defendant A shall be punished by imprisonment for eight months.

The evidence seized shall be confiscated from the accused.

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.

Defendant

A, from March 20 to April 5, 2015, from March 20, 2015 to April 5, 2015, the business owner of the Busan East-gu F and the first floor “G” established and operated 40,00 YY, and Defendant B would receive KRW 90,000 per day from Defendant A, and exchange them to customers before the I located in the Busan East-gu, Busan. < Amended by Presidential Decree No. 26190, Mar. 27, 2015; Presidential Decree No. 26879, Apr. 5, 2015>

Defendant

A attached a mobile phone number (J) used by Defendant B to the above G wall, and, if customers wish to exchange, made customers contact with Defendant B, and made customers talk on the money exchange, such as Defendant B, on the front day of the game room, and Defendant B exchangeds money with 10% of the balance of the card, after having received the card of the G game room Machip card, the G game room Machip card, and confirmed the balance of the card using the card.

As a result, the Defendants conspired to receive 10% of money exchange commission and exchanged the result of tangible or intangible profit obtained through the use of game products.

Summary of Evidence

1. Defendants’ legal statement

1. Application of each protocol of seizure, written statements, control sites, and Acts and subordinate statutes governing seized articles;

1. The Defendants of relevant criminal facts: Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act and Article 30 of the Criminal Act (the prior occupation and the choice of imprisonment);

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. Confiscation of Defendant A: A shall be punished against Defendant A in consideration of the size of the main game room for sentencing of Article 48(1)1 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act, the method and period of business, the Defendants’ criminal records, the criminal records of the Defendants, and the fact that Defendant B is an employee employed for money exchange.