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(영문) 부산지방법원 동부지원 2018.06.27 2018고단627
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the business owner of "G Gameland" in the Nam-gu, Busan and the second floor, and Defendant B is the exchange of Ireland.

No one shall engage in business of exchanging, arranging exchange or repurchase tangible or intangible results, such as scores obtained through the use of game water.

The Defendants kept a number of game instruments, such as “the night king,” in the above gameland so that many unspecified customers can play the game, etc., and recruited to exchange the remainder of the points obtained through the game with 10,000 won per point, which is set at 10,000 won per fee and deducted 10% per fee, in cash. Defendant A takes charge of the duties related to the above gameland, including exchange, and Defendant B takes charge of the duties of exchanging the remainder by cash after deducting 10% from the points corresponding to the points obtained by customers.

On December 22, 2017, the Defendants: (a) around December 22, 2017, exchanged 51 points acquired by non-member customers with 10,000 won per one point; and (b) exchanged 459,000 won in cash, excluding 51,000 won per 10% of the commission, from around that time to February 21, 2018; and (c) exchanged 5,290 points over 42 times except 47,610,000 won (52,90,000 won -5,290,000 won), excluding 5,290,000 points with 10% of the commission, as shown in the list of crimes in attached Table.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with respect to H and I;

1. Written statements of J, K, L and M;

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

1. Each investigation report (i.e., seized books, daily settlement table stored in the seized suspectNphone, receipts and settlement table among seized articles);

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act, and each imprisonment with prison labor.

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