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(영문) 대구지방법원 2018.09.20 2018고단3176
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutual game hall of “D” on the second and second floor of the Silsan City, and Defendant B was an employee for exchange in the above game.

No one shall conduct a business exchanging tangible and intangible results obtained through the use of game water, and shall provide them for the use of game water with a content different from the game water classified for the use.

Nevertheless, the Defendants conspired to commit the same offense from January 2018, 2018.

2. By December 23, 200, the game water management committee had 40 games, which had added a separate external device (lostopon) function and a deletion function of card details, different from the contents deliberated by the game in the above game, and had 10% of the total amount calculated by calculating the score obtained as a result of the use of the above game machine by an unspecified customer who found the place at this point as 1 won per point and deducted the score obtained by 10%.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to E;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (as regards the nominal owner of a business), internal investigation report (as regards the map of a business place and game explanation process prepared by the reporting person, the game explanation process, video image), and internal investigation report (as to the response of control support and game explanation), and the application of Acts and subordinate statutes;

1. The Defendants of the relevant criminal facts and the choice of punishment: Imprisonment with prison labor, respectively, under Article 45 subparag. 4 and Article 32 subparag. 2 of the Act on the Promotion of respective Game Industry; Article 30 of the Criminal Act (the use and provision of game products that are different from the game products classified as rating); Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Confiscation.

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