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(영문) 서울서부지방법원 2013.07.17 2013고단928

게임산업진흥에관한법률위반

Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

No one shall exchange, arrange for exchange or repurchase tangible and intangible results obtained through the use of game products, or conduct a business of repurchase.

Defendant

A, from January 1, 2013 to February 16:00, 2013, from Seodaemun-gu Seoul, Seodaemun-gu E and 2nd floor F Gameland, installed 50 game machine called “shsh stopter” and operated a game hall by employing G as an employee.

Defendant

A and G allowed customers to use the above game machine in the above game room so that they can obtain a net fee increase according to the result of the game, notify them to exchange the net fee increase they acquired at the oral room of the operation of Defendant B before the above game room, and B exchanged the net fee increase acquired at the above oral room from January 3, 2013 to February 16, 2000 for each customer from January 3, 2013 to February 5, 2013.

As a result, the Defendants conspired with G to exchange tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendants’ legal statement

1. Each written statement of G, H, I, and J;

1. Investigation report (execution of a written permission to provide data verifying communications and replys) - Details of communication confirmation data;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for a crime;

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

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

1. Defendant B: Article 44 (2) and (1) of the Game Industry Promotion Act, Article 48 (1) 2 of the Criminal Act;

1. Defendant B: Article 44(2) and (1) of the Game Industry Promotion Act / [Grounds for calculation] 30,000 won per day ( = 50 won per unit of profit x 600) for the business period of 34 days (from January 3, 2013 to February 5, 2013) for the business period of 1,020,000 won ( = 30,000 won x 34 days).