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(영문) 대구지방법원 상주지원 2016.10.25 2016고단300
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 game products related business entity shall engage in gambling, other speculative acts, or leave game products to do so by using game products.

Nevertheless, the Defendant, while operating B and the game room, conspiredd to commit speculative acts by impliedly exchanging customers with each other. From January 201, to February 11, 2016, the Defendant established 30 game machines and operated the game room with the trade name “D Gameland”.

During the above period, the Defendant and B had customers input cash in the game machine and receive it by a contingency union with a card tag that is marked on the screen, had customers play the game by obtaining a lottery, exchanged the game machine with a cash that indicates their scores. On February 11, 2016, the Defendant issued a certificate of storage of a bearer identification card in the form of a parking ticket with the points obtained in the game and issued it on February 11, 2016.

As a result, the Defendant conspired with B to do gambling and other speculative acts by using game products, and caused the Defendant to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of B and E;

1. AF statement;

1. Each report on internal investigation (the Nos. 7 through 12 of the evidence list) and each investigation report (the No. 15, 17 of the evidence list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Selection of Punishment and Promotion of Game Industry, Article 30 of the Criminal Act and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence of imprisonment, the closure of business, and the fact that the proceeds from the instant crime were not high);

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

1. Article 44 (2) of the Confiscation and Collection Promotion Act;

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