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(영문) 대구지방법원 2020.06.18 2020고단2051
게임산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence 1 through 7 shall be confiscated, respectively.

Reasons

Punishment of the crime

From May 29, 2015 to May 31, 2015, the Defendant leased approximately 100 square meters of storage in Cheongju-si B from May 29, 2015 to May 31, 2015. The Defendant installed 70 game “sea-to-sea” game machine, which is a speculative machine not classified by the Game Management Committee, and had customers play games by inserting cash in the said game machine, and exchanged the points obtained by customers in cash.

As a result, the defendant provided game products not classified by the Game Management Committee, exchanged the results obtained through the use of game products as a business, and operated a speculative business using speculative gaming machines as a business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Each statement;

1. Seizure records;

1. A copy of seized articles such as business account books;

1. On-site photographs (the defendant asserts that the actual business of the game of this case is "E" and he is merely the president of the game of this case. However, according to the evidence duly adopted and examined by the court, the defendant appears to be the actual business owner of the game of this case, and does not appear to be the president of the game of this case). The application of the law

1. Relevant Article of facts constituting a crime, Articles 44 (1) 2, 32 (1) 1 (the point of providing an unregistered game product) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 of the Act on Promotion of the Game Industry, and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Fraudulent Acts, Etc. and Selection of Imprisonment with labor;

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

1. Unfavorable circumstances, such as: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act and the former part of Article 44(2) of the Game Industry Promotion Act, based on the size, method, etc. of the instant crime; and (b) the fact that there are many records of gambling-related crimes.

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