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(영문) 창원지방법원 마산지원 2019.02.19 2018고단1155
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

Defendant

A is a person who operates a game room in the name of "D" on the second floor in the Hanam-gun, Hanam-gun, and the defendant B is an employee in the above game room.

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

Nevertheless, from November 8, 2017 to March 22, 2018, Defendant A established 60 game machine in the above game room, such as “Spool”, “spaceships”, “spour”, and “spour” in the above game room, and requested customers to exchange game points acquired by inserting cash in the game machine and using the game, Defendant A exchanged the remainder after deducting 20-30% from the amount converted into 10,000 won per game point 10,000 won for customers. Defendant B, from March 1, 2018 to March 22, 2018, pursuant to Defendant A’s instructions, exchanged game points acquired by many unspecified customers by inserting cash in the above game machine and exchanging them in cash in accordance with the above method.

As a result, Defendants conspired to exchange tangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police officer in relation to E, F, G, H, and I;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a photograph of the video closure and a recording recording related to the exchange activities;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act; Article 30 of the Criminal Act

B. Defendant B: Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act; Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of fine

1. Defendant B who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Order of community service;

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