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(영문) 광주지방법원 목포지원 2015.07.20 2015고단685
게임산업진흥에관한법률위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A operates a game room under the trade name of "EM room" in Sinpo City D, and Defendant B is an employee of the above game room employed by Defendant A for money exchange.

Defendant

A From June 3, 2015 to June 11, 2015, between June 3, 2015 and June 11, 2015, set up 40 game products as a game product in the above game room to provide the use of the non-party customers. Defendant B issued to the non-party customers a certificate of record keeping on the game score, which is a tangible and intangible result obtained through the use of the above game product, and continued to exchange 9,000 won, which is an amount excluding 10% of the fee per point when the non-party presents a certificate of record keeping, which is an amount 10% of the game score.

As a result, Defendants conspired to exchange the results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. - On-the-spot inspection photographs, - Application of the Acts and subordinate statutes concerning the on-site inspection of the E-Games

1. Relevant Article of the Act on the Promotion of Game Industry and the Defendants’ Selection of Punishment: Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry and Article 30 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (Consideration of the following grounds for sentencing);

1. Defendants on probation and community service order: The proviso to Article 62-2 (1) and (2) of the Criminal Act;

1. Confiscation;

(a) Defendant A: Article 44(2) of the Game Industry Promotion Act, Article 48(1)1 of the Criminal Act

B. Defendant B: The sentencing criteria for game products crimes in the reason of sentencing under Article 48(1)1 of the Criminal Act are not applied to the case against which a prosecution was instituted before the sentencing criteria are implemented.

The defendants recognize their mistake and reflect the defendants, the defendants did not have the period of money exchange, the defendant A did not have any other criminal punishment than the punishment once by fine, and the defendant B did not have any other criminal punishment.

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