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(영문) 전주지방법원 군산지원 2020.02.05 2019고단1441
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

No one shall engage in the business of exchanging or arranging the exchange or repurchase of tangible or intangible results obtained through the use of game products.

From the middle of December 2, 2018 to February 8, 2019, the Defendant opened 70 games, such as the “C” in the operation of the Defendant B in the Gunsan-si, Sinsan-si, and the “scambling game machine,” and made unspecified customers visit the game site use game products, and deducted 10% commission from the score obtained by the said customers through the game, and exchanged the game into KRW 18,000 per 20,000.

As a result, the defendant was engaged in money exchange business of the result obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to each police seizure protocol, internal investigation report (a copy of a bankbook in the game room and a bankbook in the name of the informant), investigation report (a copy of a daily settlement table analysis);

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. As to the operation of an illegal game room which promotes a speculative spirit in sentencing under Article 48(1)1 of the Criminal Act and Article 44(2) of the Act on the Promotion of Game Industry, the punishment shall be imposed by strictly asking for the criminal liability in consideration of social closures resulting therefrom; however, the execution shall be postponed by taking into account the period and scale of the game room operation, the degree of criminal proceeds, the circumstances leading to the crime and circumstances, etc.

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