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(영문) 부산지방법원 2020.01.15 2019고단4508
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is a person who operates a “C Gameland” in Busan Jin-gu B and the second floor.

No game products related business entity shall allow any person to gamble or perform other speculative acts using a game product, or leave such person to do so.

Nevertheless, the Defendant, from April 24, 2019 to June 7, 2019, set up 116 game machines, such as studio 2, in the above game room, and set up 116 game machines and set up the original method of the above game machine, despite the fact that there is no method of accumulating the points, customers, if they are going to play a game and get the points to resume the game, and at the request of customers, they entered the accumulated points into the game machine for other customers to use.

As such, the Defendant allowed customers who found in the above game room to engage in gambling and other speculative acts using game products, or left them to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the relevant Act on the Promotion of Game Industry, the selection of imprisonment with labor concerning facts constituting a crime;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing in the first sentence of Article 48(1)1 of the Criminal Act, the first sentence of Article 44(2) of the Game Industry Promotion Act, taking into account the period during which the defendant operated the game room, the degree of gambling, and the absence of the same criminal record, and shall be determined as ordered by taking into account all the circumstances that conditions for sentencing, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances

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