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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant, as the owner of “E Gameland” in Ulsan-gu D 3th floor, set up and operated 20 game material for “New Scenic damages”, 20 game material for “Graland Kamba”, 20 game material for “space transfer”, and 10 game material for “Schuum gaum” in the above gameland.
No one shall make a business exchange, exchange, arrange for exchange or repurchase of tangible or intangible results obtained through the use of game water.
Nevertheless, from the end of December 2014 to the end of June 17, 2015, the Defendant exchanged 10,000 won per point after the Defendant entered the winning points in the said gameland using the said “new posters hand,” game material, etc. into the Kater PC’s storage program and exchanged 10,000 won in cash.
Accordingly, the defendant exchanged tangible results obtained through the use of game water.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A protocol of seizure and a list of seizure;
1. Each investigation report (related to the investigation into the seizure of personal phones, the investigation into keeping points, the suspect A's telephone conversations listening, and the calculation of proceeds from this case);
1. Application of each statute on photographs;
1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Alternative Game Industry, and Selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Article 48(1)1 of the Criminal Act of confiscation and Article 44(2) of the Game Industry Promotion Act;
1. Article 44 (2) of the Act on the Promotion of Additional Collection of Game Industry [23,290,500 won for additional collection = Total sales amount of 27,50,000 won [5,00 won for monthly sales x 5,00 won for sales period x 5,00 won] Reasons for sentencing [4,209,50 won for the amount confiscated due to seizure] / [the scope of recommended punishment] There is no basic area (6 months to 1 year and 6 months) of the basic area (referring to the business of arranging and re-purchase for money exchange] (the person who is subject to special sentencing] of the Act on the Promotion of Additional Collection of Game Industry [decision of sentence] The illegal business related to the game harms a healthy game culture.