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(영문) 울산지방법원 2018.11.29 2018고단2710
게임산업진흥에관한법률위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A is a type of business that operates illegal money exchange game rooms in the name of Ulsan mid-gu C and 3 from the third floor, and the defendant B is the manager of the above D game hall.

A game water-related business operator shall not exchange tangible or intangible results obtained through the use of game water.

Nevertheless, the Defendants, on September 20, 2017, installed and operated the said D Game game machine with 40 U.S. deficit 1, and 30 U.S. game machine with 70 U.S. mortgage 30 Does and 10,000 won in cash when they were requested from customers from February 1, 2018 to April 16, 2018, the Defendants calculated the gains of 10,000 won in cash from the use of the said game product and decided that the customers requesting the exchange will receive the said cash in the toilet and smoking room.

As a result, the Defendants conspired to exchange tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by the police with respect to E;

1. Defendant B’s written statement

1. A written statement;

1. Application of Acts and subordinate statutes governing money exchange;

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

1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that a prosecutor shall collect criminal proceeds of KRW 30 million from Defendant A, and KRW 7.5 million from Defendant B, respectively.

Whether confiscation or collection is subject to confiscation or collection or the amount of additional collection is not related to the elements of crime, so strict certification is not necessary, but it is also acknowledged by evidence, and if it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be collected (Supreme Court Decision 2016Do18972 Decided April 7, 2017, etc.). The record is recorded.

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