A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a game hall with the trade name of “C” on the B and 1st floor of the Chungcheongnambuk-gun.

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results (referring to game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree, such as points, premiums and virtual currency used in game) obtained through the use of game water.

Nevertheless, from July 9, 2019 to March 22, 2020, the Defendant: (a) installed a total of 60 game machine, such as 20 units of “A” game; (b) 20 units of “Tcheon” game; (c) 10 units of “A” game; and (d) 10 units of “K” game machine; and (c) had customers who find out there there there and let them use a game product by inserting cash into a game machine; and (d) had them use a game product; and (e) had them exchange 10% of the points obtained by customers upon their request for exchange of the points derived from the game in cash amount to KRW 9,000.

Accordingly, the defendant was engaged in exchanging tangible and intangible results obtained through the use of game water as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a photograph and on-site photo investigation report (report on the calculation of the amount additionally collected) by cutting off the video images;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48(1)1 of the Criminal Act of confiscation and Article 44(2) of the Game Industry Promotion Act;

1. The crime of violating the Act on the Promotion of Game Industry, such as this case, for the reason of sentencing under Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry, is one of the crimes that cause many and unspecified general public to have a speculative spirit and hinder the awareness of sound labor, and thus, are highly harmful to the society.