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(영문) 대구지방법원 2013.07.10 2013고정1407
사행행위등규제및처벌특례법위반방조등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall provide for the distribution or use of game products which have not been classified for such purposes, display or keep such game products, exchange or arrange for exchange or repurchase of tangible or intangible results obtained through the use of game products, or conduct speculative acts for business by using speculative gaming machines.

Nevertheless, from around December 26, 201 to January 17:20, 2012, the Defendant: (a) provided 50 games in the “sea-to-sea” game, which were not classified by the Game Rating Board, to many and unspecified customers; and (b) assisted the said C President’s exchange and speculative activities by making it easy for customers to commit a crime by exchanging the points obtained by the said game site in cash to facilitate the commission by providing 10% of the points, which are the result of the game; (c) providing 50 games in the “sea-to-sea” game, which were not classified by the Game Rating Board, to the general public; and (d) exchanging the remaining points in cash, which are deducted from 10% of the points, which are the result of the game; and (e) aiding and abetting the said C President’s exchange and speculative activities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Certificates of suspect and written statements of customers;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 44 (1) 2 and Article 32 (1) 1 and 7 of the Act on the Promotion of Game Industry concerning criminal facts, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 32 (1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 32 (2) and 55 (1) 6 of the Criminal Act, which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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