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(영문) 수원지방법원 2019.07.18 2019고단2283
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Game products related business entities shall not allow others to gamble or perform other speculative acts using game products, or leave them unattended so that they do so, and the defendant is a game products related business entity who operates a game hall in the trade name of "C" from the head of the Suwon-gu B and the second floor.

Nevertheless, from November 24, 2018 to December 3, 2018, the Defendant installed a total of 102 game machine, such as 30 game machine in the above game room, and 30 game machine in the "Yaman". In a case where an unspecified number of customers who visited the above game machine with the game score given money and request to transfer the game score after making cash transactions among customers, the Defendant knew of the fact that there was a cash transaction, and instructed employees such as D, to confirm the information on the members stored in the tables PC and to purchase cash equivalent to the game score of the customer who sells the game machine, and let them do gambling and other speculative acts by using the game product, or neglect to have them do so by transferring the game score.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of exchanged images)

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the Act on the Promotion of the Game Industry concerning facts constituting an offense;

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

1. Article 48 (1) of the Criminal Act of confiscation, Article 44 (2) of the Game Industry Promotion Act;

1. Article 44 (2) of the Act on the Promotion of Additional Collection Industry;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] and the basic area of sentencing under Article 334(1) of the Criminal Procedure Act such as the provision of use and provision of illegal game products (a speculative business, etc. using game products).

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