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(영문) 대전지방법원 2012.11.09 2012고단2624
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, in collusion with Defendant D, intended to operate a private administrative game room from “F” on the first floor underground of Daejeon Pungdong E, and the above D operated a game room as a game room business owner, and the Defendant, as the head of the business division, decided to take charge of the management of employees, attracting customers, and managing customers.

Therefore, the Defendant, in collusion with the foregoing D on November 15, 201 to February 11, 2012, installed 100 game products, which are different from those registered with the Daejeon Peongpo-gu Office from the foregoing “F”, and obtained points by inserting 100,000 won in the above game machine to many and unspecified customers who find the same place, and then, carried out speculative acts, such as raising profits of KRW 3 million per day by calculating the final remaining points at the time of the request for exchange.

2. As described in paragraph (1), Defendant B, while running a game room as indicated in paragraph (1), engaged in a speculative act by using “sea-to-sea”, which is a speculative electronic recreation device, and sent text messages to recruit customers by receiving KRW 100,000 per day to assist them, and by arranging employment so that they can work together with other employees G, etc., and aided and abetted the act in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by facilitating the commission of the act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to each internal investigation report, each investigation report, and each copy of each case sent;

1. Article 30(1)1 and Article 2(1)2 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Defendant A who choose to imprisonment with labor: Article 30(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.

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