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(영문) 의정부지방법원 2016.03.23 2015고단4442
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of providing Internet computer game facilities under the name of “C (PC) room” in Guri-si B.

No one shall engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

Nevertheless, the Defendant: (a) installed six computers in C; (b) provided a large number of unspecified customers with a game product via seven business-based accounts in which “D”, “com”, and “com” were first created on the D’s online game product; and (c) provided them with a game product on September 2, 2015; (d) provided them with a cash of KRW 22:50,000; and (e) provided them with a game machine with a notice of KRW 20,000,000,000,000 won, and then exchanged them into KRW 10,000,000,000,000 for the game money acquired by customers.

9.2. Until February 22:30, the business was made to exchange 10,00 won in cash per 10,000 won against many unspecified customers.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement of the accused;

1. Police seizure records and list of seizure;

1. Application of a report on the control of a public morals business place, field photographs;

1. Relevant Article of the Act on the Promotion of Alternative Game Industry and Article 44 (1) 2 and Article 32 (1) 7 (Selection of Penalty) of the Act on the Promotion of Alternative Game Industry with Respect to a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) 1 of the Criminal Act;

1. It is true that the crime related to illegal games, such as this case, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, needs to be strictly punished as an offense highly harmful to society, such as promoting an excessive spirit of gambling by the people, hindering sound labor, etc.

However, the defendant has been punished for a criminal offense exceeding the fine until now (two times).

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