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(영문) 대전지방법원 2018.08.22 2018고단1895
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of a "D" game room in Seo-gu Daejeon, Seo-gu, Daejeon, and the defendant B is an employee of the above game room.

No game products-related business entity shall allow any person to gamble or perform other speculative acts by using game water, or leave him/her to do so.

1. From January 5, 2018 to January 17:40 of the same month, Defendant A set up 80 games in the above game in order to set up a mersh game machine in the above game room. Upon receipt of a request from customers to enter the points obtained through the use of the game water, Defendant A instructed employees of the above B to enter the points in the mersh, and upon receipt of a request from customers to enter the points in the mersh, Defendant B made the entry of the points in the mersh, Defendant B made the entry of the points in the mersh and made the remainder after deducting 10% from the points acquired by an influence of name by making the users enter the points in the mersh.

As a result, the Defendant had the game play gambling and other speculative acts by using game water, or prevented the Defendant from doing so.

2. Defendant B: (a) from January 25, 2018 to 17:40 of the same month from January 30, 2018, the said game room was operated by the said game room; and (b) in order to assist customers who found the game room with knowledge of the fact that they had obtained points by using game water, and in order to assist them in committing the crime of the said A by facilitating the said crime by entering the points obtained by customers in the domains according to the instructions of the said A.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of E, F and G;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A of the relevant criminal facts: Article 44 (1) 1 and Article 28 subparagraph 2 of the Game Industry Promotion Act, Defendant B of the imprisonment: Articles 44 (1) 1 and 28 subparagraph 2 of the Act on the Promotion of Game Industry, Article 32 (1) of the Criminal Act, Article 32 (1) of the Criminal Act, Articles 34 (1) 1 and 28 of the same Act, Defendant B of the imprisonment;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Order of community service;

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