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(영문) 대구지방법원 2016.05.10 2016고단997
게임산업진흥에관한법률위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in business of exchanging tangible and intangible results obtained through the use of game water.

On October 12, 2015, the Defendant received approximately 4 million won for money exchange business and money exchange business daily allowances from a person in unsound name to receive approximately 4 million won for money exchange business, and the Defendant conspired with the person in unsound name with the said person to exchange KRW 9,000 per minute for the time stated in the subscription right after receiving the subscription right from the users in the game room. From October 12, 2015 to October 15, 2015, the Defendant acquired intangible results of money exchange business by converting 10,000 won per day into KRW 9,000 per day after deducting the subscription fee from the time indicated in the subscription right.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. Voluntary submission of a protocol of seizure, list of seizure, evidence of seizure, and respective documents;

1. Application of Acts and subordinate statutes to photographs of seized articles related to the arrest of the money exchange offender;

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the types of illegal games, such as the provision of water for the use of such illegal games (the scope of the recommended punishment] (the person who has no special sentencing factors);

2. taking into account circumstances - radius, without previous convictions, and the contents of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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