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(영문) 창원지방법원 통영지원 2014.10.15 2014고단671
게임산업진흥에관한법률위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a party hall in the name of “E party hall” on the 2nd floor of macro-si.

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products, or engage in speculative acts by using speculative gaming machines.

Nevertheless, from the beginning of March 2014 to April 16:00, the Defendant: (a) set up five game equipment for “physical posters”; (b) 10 game equipment, which is a speculative machine; (c) one game equipment for “water height”; and (d) provided many and unspecified customers for use; and (c) exchanged the points that the said customers acquired through the said game in cash (the physical posters shall be KRW 20 won per point; (d) 5,000 per point; and (e) 10 game equipment, which is a speculative machine, into money.

As a result, the Defendant exchanged the outcome of game products and carried out speculative activities by using speculative gaming machines.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes concerning outputs from the enforcement site photographs, seizure records, seizure lists, respective persons, real estate lease contracts, certificates of report on sports facility business, business registration certificates, details of entry into agricultural cooperatives, and the investigation reports;

1. Relevant Article of facts constituting a crime, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Selection of Game Industry (the point of exchange for game products), Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. and Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of the Game Industry Confiscation and Article 48(1)1 of the Criminal Act is that the defendant is in a billiard room operated by himself.

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