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(영문) 대구지방법원 안동지원 2017.09.12 2017고단86
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Criminal facts

The Defendant, from August 19, 2016 to February 27, 2016, set up 40 games of “scambling showers”, a game product, at the same time B and 1st of the same month, and set up 40 games of “C Gameland”, a game product, at the same place from September 12, 2016 to September 15 of the same month, set up 40 games of “C Gameland”, which are the game product, at the same place, and, operating the “C Gameland” game site, had the customers who found the place obtain scores according to the total amount of the water height on the screen, exchange the remaining amount after deducting 10% of commission from the amount calculated as 1 won per point according to the points obtained to customers.

Accordingly, the defendant was engaged in the business of returning tangible and intangible results acquired through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Investigation report (to hear statements by informants);

1. Acceptance of applications for registration of change in the juvenile game industry, and acceptance of statutes on notification of closure of the juvenile game industry;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Circumstances favorable to the reasons for sentencing under Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry: The defendant is recognized and reflected in the crime.

The game room was closed and arranged on its own.

There is no criminal record exceeding the same criminal history or fine.

Unfavorable circumstances: The size of the exchange of this case is not small.

In addition, the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records and pleadings, such as the age, sex, environment, motive and consequence of the crime, and circumstances after the crime.

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