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(영문) 서울서부지방법원 2014.01.21 2013고단3083
게임산업진흥에관한법률위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around May 20, 2013, around 2013, on a leased space of approximately 82 square meters for 1st underground floor E in Eunpyeong-gu Seoul, and installed a game machine, such as a sea camping machine, and operated an illegal gambling game, and Defendant B, Defendant C, and Defendant D were working as an employee of the above game room from Jun. 2013 to operate the illegal gambling game room.

No one shall provide game products not classified for use, or exchange tangible or intangible results obtained through the use of game products.

Nevertheless, from June 2013 to June 20, 2013, the Defendants: (a) installed the said game site in the above game; (b) Defendant A established the 25 marine open game machine, and the 15 marine open game machine, which was not rated; and (c) announced customers who communicate by advertising on the Internet; (d) Defendant B and Defendant C charged the points of 10,000 won in cash to customers; or (e) converted the points of 10,000 won in cash from the point of 10,000 to the point of 10,000 won; and (e) operated the game site in cash with Defendant A and its customers from June 19, 2013 to June 20, 2013 to June 20, 2013.

As a result, the Defendants conspired to use the unclassified game products and carried out a business exchange of tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G, H and I;

1. Each protocol of seizure and the list of seizure;

1. Application of statutes governing enforcement manuals;

1. Article 44 (1) 2, Article 32 (1) 1 and 7, and Article 30 (Selection of Imprisonment with Labor for Defendants A and B, and Selection of Fines for Defendants C and D) concerning facts constituting a crime;

1. Concurrent Crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

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