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(영문) 울산지방법원 2013.03.28 2012고단3850

게임산업진흥에관한법률위반

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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

From March 29, 2008 to April 15:40, 2008, the Defendant employed employees D and E on the 5th floor of Ulsan-gu building C, Ulsan-gu, Ulsan-gu, and offered 40 games using the sea-going game machine, which was not classified by the Game Rating Board, to be used by customers.

The Defendant had customers input cash in the above game machine and let them play the game, and then had customers receive a gift certificate of 500 won in face value according to the result of the game, and had customers receive a gift certificate of 500 won in cash after deducting the fee of 500 won in face value per sheet. The Defendant acquired profits of 23 million won in cash during the target period.

Accordingly, the defendant, in collusion with D and E, provided unclassified game products for customers' use, provided merchandise coupons as free gifts according to the results, and promoted speculation, and operated a game room business for exchanging merchandise coupons acquired through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant criminal facts under Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 1-2 and the main sentence of Article 28 subparagraph 3 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, each choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively considering all the circumstances, including the fact that the defendant suffers from leuk blood disease, the fact that the period of operation is not long, and the fact that the defendant is against the period of operation);

1. Article 62-2(1) of the Criminal Act regarding community service order;