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(영문) 대구지방법원 경주지원 2016.09.28 2016고단330
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a game room in B (2 floor) at the time of racing.

From January 13, 2016 to April 17, 13, 2016, the Defendant carried on money exchange in cash by setting up 15 games in the sea open-air, 20, and 15, which were not classified by the said place, to provide customers with 10% of the remaining amount after deducting 10% of the points acquired through the game.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and photographs;

1. Reports on internal investigation (such as control details), investigation reports (in cases of an investigation into a head office), investigation reports (in cases of disposal of seized articles), and investigation reports (in cases of calculation of the amount additionally collected);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Act on the Promotion of the Game Industry and Articles 44 (1) 2, 32 (1) 1 (the provision of non-grade-type-type-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. Reasons for sentencing only after Article 44 (2) of the Act on the Promotion of Additional Collection and Game Industry;

1. Application of the sentencing criteria;

(a) Basic domains of violation of the Act on the Promotion of Game Industry (the scope of recommended sentences) in relation to the provision of water of the non-grade classified games (the scope of gambling businesses, etc. using game water) and the basic domains of violation of the Act on the Promotion of Game Industry in relation to the provision of water of the non-grade classified games ( Imprisonments from August to June);

(b) Basic area (referring to six months to one year and six months) of violation of the Act on the Promotion of the Game Industry following Exchange (the scope of recommended sentences) and the basic area (referring to the business of arranging exchange, arranging exchange, and re-purchasing exchange) of the same type;

(c) Scope of modified sentence of recommendation: Imprisonment for a period of eight months to two years;

2. The crime of this case, which was determined to be sentenced, shall encourage the people's spirit of gambling and shall be sound to work.

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