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(영문) 수원지방법원 2020.03.10 2019고단8128
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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 game products related business entity running a game hall in the name of "C" on the level B and the second floor of Permitted-si, and game products related business entities shall not allow others to engage in gambling or other speculative acts, or neglect to allow them to do so, using game products, and no one shall exchange, exchange, arrange for the repurchase of tangible or intangible results obtained through the use of game products, or engage in business of buying them.

Nevertheless, from May 2019 to July 2, 2019, the Defendant installed a total of 80 game equipment, such as “C” game machine and 50 game equipment, “C” game machine and 10 game equipment. The Defendant kept the game score obtained using the said game machine in the form of points with money paid by many unspecified customers who visited the said machine, and stored the game score obtained using the said game machine in the form of points. On the other hand, when customers request to exchange the said points, they exchanged KRW 9,000, 100, excluding 10% fee per 10,000 points, for business purposes, exchanged the result obtained through the use of the game product, and had them do gambling and other speculative acts by using the game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. E statements;

1. Records of seizure and the list of seizure;

1. Photographs of the seizure site;

1. Report of investigation (as regards the principal suspect in the game room:

1. A investigative report (to listen to the statement by the reporter or telephone-recording) and two copies of telephone-recordings attached thereto;

1. The application of Acts and subordinate statutes to prepare and report a record book, and to record the content of telephone recording investigation by a reference witness D attached thereto;

1. Speculative acts are performed using game products referred to in Article 44(1)2 of the relevant Act on criminal facts and Article 32(1)7 of the Act on the Promotion of the Game Industry Selection and Punishment (which is the business of exchanging game products), Article 44(1)1 of the Game Industry Promotion Act and subparagraph 2 of Article 28 of the Act on the Promotion of Game Industry.

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