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Reasons
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(영문) 부산지방법원 2019.10.16 2019고단3640
게임산업진흥에관한법률위반
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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 exchange, arrange for exchange or repurchase tangible and intangible results obtained through the use of game products as a business.

Nevertheless, from June 8, 2019 to 20:00 on the 111th day of the same month, the Defendant established 30 game equipment, Africa’s game equipment, 10 game equipment, 40 game equipment, and 5,000 points per 1,000 points, and exchanged the remaining amount after deducting 10% of the money exchange commission (500 won) from which customers acquired through the game.

Accordingly, the defendant had a business to exchange tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the defendant or D;

1. Statement of the police statement of E;

1. An analysis report on reported images;

1. Matters permitted to be registered in the F;

1. A report on investigation (the sequence 8,30 No. 130 of the evidence list);

1. Records of seizure and the list of seizure;

1. A letter from each person;

1. Application of Acts and subordinate statutes to a copy of real estate lease agreement;

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of and Promotion of the Game Industry;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of the Game Industry Promotion of Confiscation, Article 48(1) of the Criminal Act / [the scope of recommendation] the basic area (six to one year and six months), such as the provision of use and provision of illegal game products / [the decision of sentence] the defendant has the same history of serving two times in the defendant, and the crime of this case is chosen to be sentenced to imprisonment in light of the circumstances where the nature of the crime is not good for committing the crime that encourages speculation in an unlawful manner.

However, the defendant reflects his mistake and the period of the crime.

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