208 Highest825 Violation of the Game Industry Promotion Act

1. Maximum00 (0000 - 000000) - Duty free of office;

Guidecheon-si, Nowon-gu, Seoul Metropolitan Government

Reference domicile City

2. Kim 00 (00000 - 000000) - Non-career

Seoul Metropolitan Government Housing Guro

Former North Korea of reference domicile

3. Liquefied 00 (0000 - 000000), its own business.

Residential Lighting Time

Seoul Northern District in the original domicile

Freeboard Kim

Attorney Park Jong-jin, and Kim Jong-jin (Defendant Choi 00, Kim 00)

April 17, 2008

The defendant shall be punished by imprisonment with prison labor for up to 8 months, by imprisonment for up to 10 months, and by imprisonment for up to 6 months with prison labor for up to 00 months.

The 29 days of detention before the issuance of this judgment shall be included in the above punishment against the defendant maximum of 00, and Kim00.

However, with respect to the maximum 00 defendant, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final.

No. 1 through 3 of seized evidence shall be confiscated from Defendant Kim00.

To order the last 00 defendant to provide community service for 120 hours.

Facts of crime

From November 20, 2007 to November 23, 2007, the Defendants conspired to conduct a general game providing business by providing 50-dong 000-dong 000 to customers for their use without the permission of the competent authorities. 1. The Defendants conducted a general game providing business by allowing them to put 10,000 won in cash, and 2. If the customers finding the place put up 10,000 won in cash, and then the number of pictures are displayed on the screen and the same pictures are consistent, and the points are displayed on the screen. Accordingly, according to the above gains, the Defendants made them perform a speculative act by allowing them to use the above 's yellow gold game product' with the face value of KRW 5,000,00, and made them exchange the game products with the proceeds of money exchangeing KRW 50,000 through the use of the gift certificates as above.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement made by the prosecution on 000;

1. Reporting, such as attaching an explanatory note, an appraisal letter, and a copy of a gift certificate used by entertainment room;

1. A written statement of 000;

1. Police seizure records;

1. Report on the hearing of a statement by 000 telephone, and a motion picture;

1. Consent form attached to the statement of 000 witnesses and reference materials;

1. Investigation reports and analysis of mobile phone calls and application of Acts and subordinate statutes;

1. Article applicable to criminal facts;

Article 44(1)1 and 2, Article 28 subparag. 2, Article 32(1)1 and 7, Article 45 subparag. 2, and Article 26(1) of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant Choi 00, Kim 00: Article 57 of each Criminal Code

1. Suspension of execution;

Defendant Maximum00: Article 62(1) of the Criminal Act

1. Confiscation;

Defendant Kim00: Article 44(2) of the Game Industry Promotion Act

1. Social service order;

Defendant Choi 00: Article 62-2 of the Criminal Act

Grounds for sentencing

1. Defendant Kim 00 controlled the same crime in the same place three months prior to the control of the instant case, and was notified by this court of a summary order of KRW 2 million on September 14, 2007. However, Defendant Kim 1 cannot be exempted from punishment in light of the circumstances leading to the recidivism of the instant case using the main body of the game machine that was not seized at the same place, and the circumstances where, at the same time, Defendant Kim 00 when recontrold again, Defendant Kim 1 attempted to cause damage to the number of death by allowing 00 to run the game place as the owner of the game room.

2. Defendant 00’s maximum 00 is bad to say that he/she is not his/her own proprietor, but the prosecutor’s investigation conducted by the prosecutor that he/she is not his/her own proprietor, and that he/she has not been engaged in the same kind of power and has not been divided, the above Defendant shall be sentenced to a suspended sentence only once.

3. Defendant 00 alleged that all the facts charged were recognized in this court, but Defendant Kim 00 provided the game site of this case at the investigation stage. However, in light of Defendant Kim 00's prior to the first crackdown on the place of this case around August 3, 2007, Defendant Kim 1 gave consent from the building owner and he himself registered as a game business operator from May 7, 2007, before the first crackdown on the place of this case, Defendant Kim 1 was registered, the location of this case appears to have been used as a game game site even before Defendant Kim 00 was first controlled. Even if Defendant Kim 0 was aware that Defendant Kim 0 was using the game site only after the first crackdown on the part of Defendant Kim 00's investigation agency, such as Defendant Shin 1's statement, it was nothing more than leaving the game site of this case for an illegal business continuously without obtaining a name from Defendant 00. Thus, it cannot be viewed that the proportion of this case's crime was inappropriate.

In fact, a minor sentence is chosen compared to the defendant Kim 00 who is in charge of operating the game room, but the sentence of a fine or a suspended sentence is imposed on a person who provides the place for the same crime as this case, and it seems that the same person as the defendant does not have the effect of preventing the person from participating in this day in the future.

It is so decided as per Disposition for the above reasons.

Judges Yoon Young-soo