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(영문) 대구지방법원 2018.04.10 2018고단330
게임산업진흥에관한법률위반등
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Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutual influent game room on the first floor of Daegu Suwon-gu C, and the defendant B is a person in charge of the management and exchange of the above game room.

From August 2015 to August 25, 2017, the Defendants: (a) installed 24 mobile games, a speculative machine, which was not rated by the Water Management Committee, etc. in the said game; and (b) had many and unspecified customers play a “disciable co-game”; and (c) converted the scores obtained at KRW 10,000,00, which was deducted by 10% per fee.

As a result, the Defendants conspired to engage in speculative acts by using speculative gaming machines, provided customers with non-graded game water by allowing them to perform speculative acts, and exchanged the results obtained through the use of game water.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements concerning D, E, and F;

1. Investigation report (No. 10, No. 21)

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 30 (1) 1 and Article 30 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant Act on Criminal Facts; Article 44 (1) 2, Article 32 (1) 1 and Article 30 of the Game Industry Promotion Act (referring to the use and provision of a game not rated); Articles 44 (1) 2, 32 (1) 7, and 30 of the same Act; Articles 44 (1) 1, 28 subparagraph 2, and 30 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Defendant A: Article 44 of the Game Industry Promotion Act.

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