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(영문) 인천지방법원 2017.08.31 2017고단5458

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,00,000, and Defendant C and D shall be punished by a fine of 3,000,000.

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging exchange or repurchase intangible results obtained through the use of game water.

Defendant

A was the president operating a mutual game hall of 401, “G Gameland,” in Seo-gu Incheon, Seo-gu, and “G Gameland,” and the Defendants conspired to exchange game points with many unspecified customers as employees of G Gameland.

On June 26, 2017, the Defendants engaged in exchanging the outcome of a game product by exchanging KRW 9,000 in cash after deducting 10% commission per 10,000 won from the game points acquired by allowing many unspecified customers to use the game machine.

As a result, the Defendants conspired to engage in money exchange business for the results obtained through the use of game water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

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

1. Photographs around the game room, game room images, related persons, pictures of related persons, exchange video CDs, control records of business concerns not reporting, ledger of registration of the game industry, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Each choice of the respective fines for criminal facts under Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, as to Defendant A (the same criminal record as to Defendant B, C, and D, and the degree of contribution made by the Defendants to the crime) (the fine shall be selected in consideration of the degree of contribution made by the Defendants to the crime);

1. Defendant B, C, and D who is detained in a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act;

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

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

1. Defendant B, C, and D’s provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act is conducted.