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(영문) 대구지방법원 2016.10.27 2016고단3927
게임산업진흥에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 1, 2015 to September 10, 2015, the Defendant worked as the head of the weekly department and office from 9:00 p.m. to 9:00 p.m., the Defendant managed the total of 40 games, such as the dr. D’s 16 games, the president of which received instructions from D, and altered to issue points storage certificates differently from the contents classified in the above game classification in order to issue points storage certificates, and issued free vouchers indicating game scores to customers requesting money exchange, and managed the game customers, the employees of the game room, and the money exchange employees.

Accordingly, the Defendant provided an unspecified number of customers with a opened or altered game machine while operating the above game room, and aided and abetted the act of exchanging the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E;

1. The prosecutor's statement concerning the F;

1. Police seizure records;

1. Recording notes;

1. The register of entertainment rooms;

1. Application of each statute of the judgment;

1. Relevant Article on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry Selection of Punishment, Article 32 (1) of the Criminal Act (a point of aiding and abetting the use and provision of game products different from classification), Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of the Game Industry Act, Article 32 (1) of the Criminal Act, and Article 32 (1) of the Criminal Act, each choice of imprisonment with labor;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

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

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the following: (a) the types of participation of the accused in the crime are in aiding and abetting; (b) the accused is against whom the sentence is committed; and (c) the balance of sentencing with the accomplice is taken into account; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and

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