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(영문) 서울서부지방법원 2014.02.12 2013고단3362
게임산업진흥에관한법률위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2. However, in respect of Defendant B, this paragraph is applicable.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to a suspended sentence of ten months on March 27, 2013 for a violation of the Game Industry Promotion Act, etc., and the judgment became final and conclusive on April 4, 2013, and is currently under the suspended sentence.

【Criminal Facts】

No one shall engage in the business of exchanging or arranging exchange or repurchase tangible and intangible results obtained through the use of game products.

Nevertheless, from May 3, 2013 to November 30, 2013, the Defendants agreed to receive 11-120,000 won per 10 billion aggregate game money from an exchange exchange to receive 11-1,200,000 won per 10 billion aggregate game money, and unilaterally play games while running the said money exchange and games. From May 3, 2013 to around November 30, 2013, the Defendants received 11-645,000 won in total from around 190 as shown in the annexed Table of Crimes in the name of Defendant B’s corporate bank account (G) and Defendant A’s birth account (I).

As a result, the Defendants conspired to exchange game money acquired through the use of game products as above.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutions and police interrogation protocol for the Defendants

1. Statement of the police statement to J;

1. A report and photograph of the investigation;

1. Police seizure records;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (Defendant B);

1. Confiscation: Article 48(1)1 (Defendant A) of the Criminal Act provides that although Defendant A is led to a confession of a crime, Defendant A continues to commit the crime of this case even though he/she is under the period of suspension of execution for the same criminal record.

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