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(영문) 울산지방법원 2019.02.28 2018고단3192
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

No one shall arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game products.

Nevertheless, from January 2, 2017 to July 11, 2018, the Defendant, at the third floor of the building B in Ulsan Jung-gu, the third floor of the building B in Ulsan-gu, "C", installed 30 U.S. game machine and 20 space game machine in the game room, had many unspecified customers using the above game machine use cash in the above game machine and let them carry out the soft game, and upon receiving a request for exchange from the customers who completed the game, exchange money was made by calculating the amount of money per one won per each game room to bring the money exchange on the side toilet in the game room.

As a result, the defendant exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement about D or D;

1. Each statement;

1. The police seizure record and the list of seizure;

1. Exchange image CDs;

1. Application of Acts and subordinate statutes to report on investigation (report on photographing at the control site and attaching details of account transactions in the name of the accused);

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry for Criminal Facts / [Selection of Imprisonment]

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of Additional Collection of Game Industry (the amount of a surcharge of KRW 54 million, the basis for calculation: KRW 3 million per month of the person who is the defendant x the period of business operation x the period of 18 months (the period of business operation less than a month) is the long-term period of illegal exchange of this case. However, it is a first offender who has no criminal power to punish the defendant, and his depth is divided after the crime, and the risk of recidivism is relatively low in other companies, and the sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

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