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(영문) 춘천지방법원 강릉지원 2015.03.19 2014고단1109
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

No one shall engage in the business of exchanging or arranging money exchange or repurchase tangible and intangible results obtained through the use of game products.

From October 25, 2014 to October 27, 2014, the Defendants conspired to set up the “E Game Place” on D and 2th of the same month from around the same month, and the Defendant A set up 40 spool game machine to have customers who find the 40 spool game machine put up the 99,99,99 points by allowing them to set up a maximum cumulative score of 99,00 points. Defendant B, who was employed as an employee of the above A, exchanged the accumulated score of 1,00 won to customers within the above game place.

As a result, the Defendants conspired to exchange tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendants’ legal statement

1. Seizure records;

1. Application of Acts and subordinate statutes for report on internal investigation (including the details of the detection of foreign exchange and attachment of field photographs);

1. Relevant Article of the Act on the Promotion of Game Industry and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Criminal Facts and the Selection of Fine for Defendant A, respectively;

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Confiscation (Defendant A) Article 44 (2) (Evidence 1) of the Game Industry Promotion Act, Article 48 (1) 1 and 2 (Evidence 2 through 6) of the Criminal Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B) include: (a) the Defendants recognized a criminal act and divided wrong facts; (b) Defendant B did not have any criminal record; (c) the Defendants participated in the criminal act as an employee; and (d) the period of operation of the game room is not long; and (b) the Defendants appears not to have much profits from the criminal act; and (c) Defendant A had the record of having been sentenced to a suspended sentence for the same kind of crime in 2010, which is disadvantageous to the Defendants.

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