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(영문) 수원지방법원 2019.03.27 2018고단6360
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person operating “C” in the wife population B in Young-si.

No one shall exchange, arrange exchange, or repurchase tangible and intangible results obtained through the use of game products for business purposes.

From April 3, 2018 to June 20, 2018, the Defendant established 40 games in the above game room, let customers who found the above game use the above game work, and then converted the points obtained by the customers into cash to exchange the results of tangible or intangible results obtained through the use of the game by converting them into money to the amount of 5,000 won per point, after deducting 10% of commission.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place, the report on internal investigation (Attachment to the report of 112 not to be reported), and the report on investigation (Attachment to the screen);

1. Application of Acts and subordinate statutes to the seizure list and seizure record;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection and Promotion of the Game Industry, and Selection of Imprisonment with labor;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing on the grounds of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for illegal game products: Provision for the use, etc. of illegal game products [Type 2]: Money exchange, money exchange brokerage, and repurchase business [the scope of recommendation field and recommendation range]; the basic field of business [the scope of recommendation field and recommendation range]; six months to six months;

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances - Crimes, such as exchange related to game products, shall encourage a speculative spirit and make a healthy sense of work.

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