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(영문) 인천지방법원 2019.06.20 2019고단1601
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall exchange, arrange exchange, or repurchase tangible and intangible results obtained through the use of game products for business purposes.

B is a business owner operating D in Bupyeong-gu Incheon Metropolitan City, and the defendant is the head of the business office employed by the defendant B.

The Defendant, in collusion with B, set up 40 game machine for “Spak 2” and 30 game machine for “Spak 2” in the above game in collusion with B during the period from around December 2018 to January 25, 2019, and allowed customers who have found such places to use the said game product. Based on the result of the game, the Defendant was engaged in the business of exchanging the results of tangible or intangible results acquired through the use of the game by converting the said game into cash to the amount obtained by deducting 10% from the points obtained by the customers.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement of E;

1. A written statement in F and G preparation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal affairs (D business reports and confirmation of history of change, exchange image analysis);

1. Relevant legal provisions concerning criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Selection and Punishment of Game Industry, Article 30 of the Criminal Act, the selection of fines (i.e., the confession of a person, the degree of participation in the crime as an employee is low, and the fact that only three times of a previous fine is a previous fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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