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(영문) 대구지방법원 김천지원 2019.06.04 2019고단267

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight 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 operated a game hall with the trade name of “C” in the old Si 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 July 27, 2018 to November 28, 2018, the Defendant received cash from the visitors who visited the said places, and filled them in the game money, and let them do game on the Internet site called “D”, and had them do so, and they exchanged the points obtained as a result of the said game money as KRW 10,000 per cash per 10 billion.

As a result, the defendant has carried out a business exchange of tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of the case, reporting on internal investigation, and on-site photographs;

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

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of and Promotion of the Game Industry;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The former part of Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. The latter part of Article 44 (2) of the Act on the Promotion of Additional Collection of Stocks (75 pages of evidence);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to five years; and

2. Application of the sentencing criteria [Determination of types], provision for the use, etc. of illegal game products, such as speculative game products and crimes on game products, the basic area (the scope of recommendation field and recommendation range], the basic area of punishment (the scope of recommendation field and recommendation range), six months to one year and six months.

3. Determination of sentence: The result is that the defendant operates an illegal game room for a period of eight months (two years of suspended sentence) by imprisonment.