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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1213
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C and D jointly operate the “F Game Center” on the E and the 2nd floor of Gangseo-si. G is a person who operates the “F Game Center” under the nominal name of the said Game Center, the nominal owner of the said Game Center, and exchangeds to customers. H is a person who makes the said Game Center’s nominal name, the nominal owner of the said Game Center, and makes exchange to customers; I is a person who conducts the said Game Center’s general management of employees and customers; and J and the Defendant is an employee of the said Game Center.

No one shall exchange, arrange exchange, or repurchase tangible and intangible results obtained through the use of game products for business purposes.

그럼에도 불구하고 피고인은 C, D, G, H, I, J과 공모하여, 2014. 9. 5.부터 2015. 1. 9.까지 위 게임장에 골드샷 게임기 40대를 설치한 후 위 게임장을 찾는 불특정 다수의 손님들이 게임물의 이용을 통해 획득한 경품권을 경품권 1장당 수수료 명목으로 500원을 공제하고 4,500원에 환전하여, 환전을 업으로 영위하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against G, D, I, and the accused;

1. Records of seizure by each prosecutor and police;

1. A copy of the real estate lease contract, a copy of the registration certificate of a juvenile game providing business operator, and each judgment;

1. Each investigation report (in relation to attachment of seized site photographs, attachment of seized documents, attachment of a copy thereof, and attachment of a register of report on the game industry registration);

1. Application of Acts and subordinate statutes to report internal accidents (F game room business operators, and game products related thereto);

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

1. The suspended sentence is against the reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below), equity with other accomplices depending on the status and role of the defendant as to the instant crime, and the contents and frequency of the same kind of power.

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