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(영문) 창원지방법원 마산지원 2017.11.08 2017고단961
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From January 2014 to February 3, 2014, the Defendant: (a) installed six game PCs without registering with the competent authority; and (b) connected the “G” site, which is an Internet gambling game product via the said manager’s page; (c) opened a manager page to create and provide the ID and passwords; and (d) made an unspecified number of customers visiting the said game site available for the said game; and (d) exchanged points obtained by them in cash to many and unspecified customers who want to exchange.

As a result, the defendant in collusion with D without registering it to the competent authorities, provided game water different from the contents of the rating received from the meeting of the game water grade members, and exchanged the tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Statement made to I by the police;

1. Protocol of seizure, list of seizure, and control site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 45 subparagraph 2 and 4, Article 32 (1) 2 and 7, and Article 26 (2) of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are disadvantageous to the reasons for sentencing: Crimes committed during the period of suspension of execution due to the same kind of crime, and circumstances favorable to the long-term escape: The defendant's age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered by the order, comprehensively taking into account various conditions for sentencing, such as the defendant's age, sexual conduct, family relationship, motive and means

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