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(영문) 창원지방법원 마산지원 2019.01.29 2018고단1222
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

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

Nevertheless, from April 7, 2014 to April 5, 2016, the Defendant purchased chips, which are 12,000 won in cash, from a mobile phone store in Songpa-gu Seoul Metropolitan Government, and from a bank account in the name C, from a bank account (C) at the Internet soft Game site E at the rate of 12,000 won in cash, and sold chips equivalent to KRW 2,722,60,000 in total over 493 by selling chips, which are 10,500 won in cash, to money exchange operators.

Accordingly, the defendant was engaged in business of exchanging tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol of suspect examination of the police against F;

1. Application of each detailed Act and subordinate statutes;

1. Article 44 (1) 2 and Article 32 (1) 7 of the former Act on the Promotion of the Game Industry (Amended by Act No. 14424, Dec. 20, 2016) on criminal facts

1. Selection of imprisonment with prison labor chosen;

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

1. The latter part of Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing in the latter part of Article 44 (2) of the Act on the Promotion of Additional Collection and Game Industry;

1. The scope of applicable sentences under Acts: One to five years of imprisonment;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for one to three years.

(a) Determination of types: Type 2 (business of converting into a exchange, mediating the purchase of new game products, etc.) such as provision of illegal game products using speculative game products;

(b) Special contributors: Where the size of profit or business from crimes is very large (aggravated factor);

(c) Determination of the territory of recommendation: Aggravation;

3. Decision of sentence: one year of imprisonment and three years of suspended sentence, and a suspended sentence of imprisonment with prison labor shall be imposed on the criminal who commits a crime similar to that as stated in the judgment of the criminal;

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