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(영문) 서울동부지방법원 2015.02.12 2015고단35
게임산업진흥에관한법률위반
Text

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

Seized evidence1 to 10 shall be confiscated.

Reasons

Punishment of the crime

In operating an illegal speculative game room, the Defendant and his name-disscamist in the name-consceptist in the name-consceptist in the name-consceptist in the game room, after purchasing and installing the game machine as the actual business owner, and operating the game room by employing the Defendant, and the Defendant recruited to manage and exchange the game room by receiving KRW 80,000 per day from the name-consceptist in the name-consceptist in the game room from the beginning of December 2014 to the beginning of December 19, 200, 40 for the outdoor game machine, which is a speculative game that was not classified on the first floor of Songpa-gu Seoul, Songpa-gu, Seoul, set up 11,00 won per cash, and exchanged 10,000 won per remaining point.

As a result, the defendant provided game products without rating classification in collusion with a name-free person, and used it as a business to exchange the result obtained through the game.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, and I;

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

1. Article 44 (1) 2, Article 32 (1) 1 and 7 of the relevant Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

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

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is a favorable circumstance that the defendant provided game products that did not receive classification while substantially managing the illegal speculative game site and exchanged game results, and the defendant recognized the crime and divided it.

However, even though the defendant was punished for suspension of execution or fine several times for the same crime, the defendant is also punished for the same crime, and the defendant cannot be sentenced to punishment in consideration of unfavorable circumstances, such as the fact that the defendant actually managed the illegal game site.

In addition, the circumstances leading to the defendant to commit the crime, the age of the defendant, and the defendant.

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