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(영문) 대전지방법원 천안지원 2018.10.12 2018고단949
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

When the Defendant operates the PC in the name of “C” in Seoan-gu, Seoan-gu, Seoan-gu, the Defendant: (a) installed four computers in the said PC from August 1, 2017 to March 20, 2018; and (b) had many unspecified customers purchase only KRW 10,00 coophones and sell the said coo games in the said computer; and (c) put the certification number on the said coo games in the said coophones into the said computer; (b) had the game points filled with the 100 million coos; and (c) exchanged the acquired coos in the proportion of KRW 10,500 per 10,000,000; and (d) exchanged the tangible and intangible results obtained through the use of the game product by paying KRW 5,500,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (calculated criminal proceeds);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting a crime and Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment) of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The latter part of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry (the Defendant, while operating the above PC in this court, recognized the exchange act from August 1, 2017 to March 20, 2018.

The defendant was punished by 7 to 80,000 won a day by money exchange in the prosecution.

was stated.

Therefore, criminal proceeds to be collected from the Defendant are KRW 1,624,00 (=232 days from August 1, 2017 to March 20, 2018 x 70,000 won per day)

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions], provision of water for illegal games, etc.; the two types (re-purchase business before conversion) (the business of arranging and re-purchaseing before conversion) are nonexistent; the scope of the recommended punishment is not less than six months; and the imprisonment is not less than six months.

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