2013 Highest 1803, 2097 (Consolidation)

(b) Violation of the Radio Waves Act;

1. A. B. A.

2. A. B

3. (a) C

4. A. D

5. (a) E

6. (a) F

7. (a) G.

8. A. H

19. (a) I

10. A. J

11. A. K

12. A. L.

13. (a) M.

Gu residents flag, Mara (prosecutions), and Egysia (Public Trial)

Attorney Park Jong-soo (for Defendant B)

June 21, 2013

Defendant A’s imprisonment with prison labor for one year; Defendant B’s imprisonment for ten months; Defendant C, D, and E respectively for a fine of three million won.

Defendant F’s imprisonment of 8 months, Defendant G’s fine of 2 million won, Defendant H’s fine of 3 million won

Defendant I shall be punished by a fine of KRW 5 million, and Defendant J shall be punished by a fine of KRW 3 million in six months, and Defendant K shall be punished by a fine of KRW 3 million.

for six months, each of the defendants L and M shall be punished by imprisonment.

except that the enforcement of each of the above sentence against Defendant F, J, or L has been deferred for two (2) years from the date this judgment became final and conclusive

Defendant F, J and L subject to probation and community service for 80 hours each time.

Seized evidence of subparagraphs 1 through 15 shall be confiscated by Defendant A.

A 5.430,000 won shall be collected from Defendant A.

The amount equivalent to the above additional collection charge against Defendant A, Defendant C, D, E, G, H, I, and K

each equivalent amount of the provisional payment shall be ordered.

Facts of crime

【Criminal Power】

1. Defendant A

On December 17, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) at the Busan District Court’s Dong Branch Branch Branch, and completed the execution of the sentence on July 25, 2012.

2. Defendant B

On April 2, 2002, the Defendant was sentenced to ten years in Seoul High Court to imprisonment with prison labor for a crime against the Act on the Punishment of Sexual Crimes and the Protection of Victims (special robbery, rape, etc.) and completed the execution of the sentence on October 15, 201.

3. Defendant M

On May 17, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Promotion of Game Industry at the Ulsan District Court, which became final and conclusive on May 25, 2012.

[Criminal Facts]

"2013 Highest 1803"

1. Violation of the Act on the Promotion of Game Industry by the remaining Defendants except Defendant M

Defendant A is an owner operating a game room located in Yangsan-dong 122. Defendant B, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant G, Defendant H, Defendant I, Defendant J, Defendant K, Defendant L, Defendant L and N (Suspension of Prosecution) and U (Transfer of Military Prosecution) are employees of the above game room.

A. Part on violation of Article 32 (1) 1 of the Game Industry Promotion Act

No one shall distribute or use game products which have not been classified by the Game Rating Board, display or keep such products for public use.

그럼에도 피고인들은 2013 . 3 . 2 . 09 : 00경부터 같은 달 6 . 21 : 30경까지 위 N , O과 함 께 영상물등급위원회로부터 등급을 받지 아니한 게임기를 설치한 후 게임장의 위치를 알지 못하도록 일명 ' 깜깜이 차량 ' 을 이용하여 손님을 게임장으로 운송하여 게임을 하도 록 하는 방법으로 게임장을 운영하기로 공모하고 , 피고인 A는 업주로서 영업 총괄 및 수익금 정산을 , 피고인 B는 야간시간 ( 21 : 00 - 09 : 00 ) 의 영업부장으로 손님 관리 및 영업 장부 정리를 , 피고인 C은 야간시간의 ' 문방 ' 으로 게임장 주변에서 망을 보는 역할을 , 피고인 D는 주간시간 ( 09 : 00 ~ 21 : 00 ) 의 ' 문방 ' 으로 게임장 주변에서 망을 보는 역할을 , 피 고인 E은 주간시간에 자동차를 이용하여 손님들을 ' 깜깜이 차량 ( 서울 00도 0000 ) ' 으로 인계하는 역할을 , 피고인 F은 주간시간에 게임장에서 손님들을 상대로 환전을 해 주는 ' 환전상 ' 역할을 , 피고인 G은 야간시간에 서빙 및 심부름을 , 피고인 H은 주간시간의 ' 깜깜이 차량 ' 운전자로서 위 차량을 이용하여 손님들을 인계하는 역할을 , 피고인 I는 주 간시간에 위 ' 깜깜이 차량 ' 을 따라가며 주변을 감시하는 ' 따라구미차량 ' 운전을 , 피고인 J은 야간시간에 게임장에서 손님들을 상대로 환전을 해 주는 ' 환전상 ' 역할을 , 피고인 P은 야간시간에 승용차에 손님들을 태워 ' 깜깜이 차량 ' 으로 인계해 주는 역할을 , 피고인 L는 주간시간의 영업부장으로서 손님관리 및 영업장부 정리를 , 위 N은 영업총괄을 , 위 0은 주간시간에 서빙 및 심부름을 담당하여 위 게임장에서 게임등급위원회로부터 등 급분류를 받지 아니한 야마토 게임기 50대를 설치한 후 불특정 다수의 손님들의 이용 에 제공하였다 .

B. The part on violation of Article 32 (1) 7 of the Game Industry Promotion Act

No person shall engage in the business of exchanging or exchanging or repurchasing tangible and intangible results obtained through the use of game products.

Nevertheless, the Defendants conspired with other customers at the time and place mentioned in the above A. The Defendants exchanged intangible results acquired through the use of game products by using the game products by giving points to customers, converting the points into a unit of 10%, and by paying cash after converting the points into a unit of 10%, if the number of stories in the term of office is expressed on street or large lines, and the number of stories in the term of office is expressed on the street or large lines, at the same time and place as above.

2. Defendant A’s violation of the Radio Waves Act

No person shall obstruct wireless communications by impeding functions of wireless facilities and equipment by damaging wireless facilities and equipment of a wireless station, which are provided for telecommunications services, or by other means.

그럼에도 불구하고 , 피고인은 2013 . 3 . 2 . 09 : 00경부터 같은 달 6 . 21 : 30경까지 불법 사행성 게임장 신고를 막기 위하여 양산시에 있는 위 게임장에 전파차단기 1대를 , 위 ' 깜깜이 차량 ' 에 전파차단기 1대를 각 설치하여 이동통신사 ( KT , LG유플러스 , SKT ) 의 주 파수와 동일한 방해주파수를 송출하는 방법으로 위 게임장을 이용하는 불특정 다수의 손님들의 이동전화 무선통신을 방해하였다 .

" 2013 Highest 2097"

Defendant B was a person working for the head of the game room (0: 00 to 21: 00) during the night hours in the game room (21: 00 to 00) located in the building located in the Gyeongyang-si, Gyeongyang-si. Defendant M was a person who worked for the head of the game room during the night hours (21: 00 to 09: 00) at the above game room. Defendants were to operate the game room in collusion with the following: 00 (in the course of investigation), 000 (in May 7, 2013), 00 (in the indictment of detention on March 4, 2013), 00 (the indictment of detention on March 4, 2013), 00 (the suspension of indictment on the same day).

1. Violation of the Game Industry Promotion Act due to the provision of game products not classified;

피고인들은 위 000 등과 공모하여 , 2012 . 4 . 19 . 18 : 00경부터 같은 달 20 . 23 : 35경까 지 위 게임장에서 , 게임물등급위원회로부터 등급분류 받지 아니한 야마토 게임기 50대 를 설치한 후 , 000은 위 게임장의 업주로서 자금을 투자하고 , 000은 승용차에서 손님 을 태워 ' 깜깜이 차량 ' 으로 인계하고 , 피고인 B는 주간 시간대에 위 게임장을 관리하는 영업부장 역할을 하고 , 피고인 M은 야간 시간대에 손님이 게임장의 위치를 알지 못하 게 창문을 가린 일명 ' 깜깜이 차량 ( 차량번호 84저4288 ) 을 이용해 손님들을 게임장에 데리고 오는 방법으로 등급분류를 받지 아니한 게임물을 불특정 손님들의 이용에 제공 하였다 .

2. Violation of the Game Industry Promotion Act due to exchange of game outcomes.

No one shall promote speculation by re-purchasing premiums which have been provided with money exchange or money exchange brokerage results obtained through the use of game products.

Nevertheless, in collusion with the date, time, place, Q, etc. mentioned in the above paragraph (1), the Defendants carried 10,00 won in the outdoor game machine and carried out the game, and if the number of screen pictures in the game machine is fixed on a street or large angle, it would be 4 points if they coincide with each other, and 36,000 won should be deducted from the fee per 10,000 won and then deducted from the fee per 10,000 won, and then exchanged intangible results acquired through the use of the game.

Summary of Evidence

“2013 Highest 1803

1. Defendants’ legal statement

1. The protocol concerning the examination of the suspect against Defendant B, F, and A by the prosecution;

1. Protocol concerning the interrogation of each police suspect against the Defendants

1. Statement of the police statement on R;

1. Each statement of S, T, U, V, R, W, AA, B,CC, D, E, and E

1. Statement of seizure of police;

1. Photographs of the control site, copy of the real estate lease agreement, report on the results of field identification, response to request for appraisal (referred to in the aftermato -

Gyeongsansansan), copy of the automobile lease contract, copy of the vehicle lease contract, letter of appraisal, and request for appraisal

Boli

1. A report on investigation (the investigation of the other party of a siren company, the results of identification, and the confirmation of the amount of criminal proceeds);

1. Before judgment: Criminal history records and inquiry reports (within the period of repeated crimes against a suspect A or B);

Confirmation of Acceptance Information and Attachment of Court Decision)

“2013 Highest 2097,

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Copies of each police interrogation protocol of FF, Q, GG, and H;

1. A copy of each statement of II, J, K, K, LL, MM, N, andO

1.A copy of each photograph, set copy, paper copy, copy of a photograph, copy of a list of photographs, and copy of CCTV photographs of vehicles;

Part of the real estate lease contract, response to the results of enforcement support, vehicle traffic records, and reply to the request for appraisal;

1 . 수사보고 ( 압수증거물 및 환전수익계산 , 깜깜이 호위차량 수사 , 업주 Q 진술 , 범행차

량 CCTV 기록 , 현장수사 , 깜깜이 차량 재사용 , 충전 드라이버 드릴 , 영수증 확인결

Department Data, vehicle traffic, analysis of vehicle traffic records, and relative investigation of customers)

1. Previous records of judgment: Criminal records and other criminal records, investigation reports (the indictment and copies of the judgment);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Articles 44(1)2 and 32(1)1 of the respective Promotion of the Game Industry Act;

No. 7, Article 30 of the Criminal Act, each choice of imprisonment

Defendant A: Article 82(1)1 of the Radio Waves Act, and choice of imprisonment

1. Aggravation for repeated crimes;

Defendant A and B: Article 35 of the Criminal Act

1. Handling concurrent crimes;

Defendant M: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendant F, J L: Article 62(1) of the Criminal Act (Reasons for Sentencing below)

1. Probation and community service order;

Defendant F, J, L: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant A: Article 44(2) of the Game Industry Promotion Act

1. Additional collection:

Defendant A: Article 44(2) of the Game Industry Promotion Act

1. Order of provisional payment;

Defendant A, C, D, E, G, H, I, K: Article 34(1) of the Criminal Procedure Act

Reasons for sentencing

The Defendants’ act of committing the instant crime is highly likely to cause property loss by continuously using the users’ speculative spirit so that the risk of incurring economic distress is extremely high, thereby committing the instant crime with large social harm, and the Defendants also committed the instant crime with intent to gain large profits without justifiable labor within a short time, and have a significant adverse impact on the society and economy, such as tax evasion and home failure due to illegal profits, etc. Furthermore, even though it is widely recognized as illegal and harmful effects on the game site, the game site is operated in a secret way for personal interests.

The reasons for sentencing by Defendant are as follows, taking into account the basic characteristics of the instant crime.

1. Defendant PP: The Defendant, who operated the instant illegal game site, is most likely to commit the crime among the instant Defendants. In addition, the Defendant is disqualified for suspension of execution as a repeated offender. In addition, the Defendant is determined by the order, taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime.

2. Defendant B: The Defendant, as the head of the instant game room’s business, is focusing on the degree of participation in the operation of the game room by taking charge of the management of customers and the settlement of the business account books, and even though the illegal game room, which served as the head of the business division around April 2012, was discovered in March 2013, the Defendant again works as the head of the illegal game room’s business division and is very bad. In addition, the Defendant is disqualified for the suspension of execution as a repeated offense. In addition, the Defendant is determined as the order by taking account of various sentencing conditions, such as the age, character and conduct, environment, and circumstances after committing the crime.

3. Defendant F, J, L: Defendant F, J, L is heavily engaged in the exchange of goods in an illegal game room, and the head of the business division. In particular, Defendant F, despite having the same kind of force twice, has reached the instant crime. In addition, the sentence is determined as ordered in light of various sentencing conditions, including the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime.

4. Defendant C, D, E, G, H, I, and K: The extent of the Defendants’ participation in the operation of the game of this case, profits acquired, whether the Defendants acquired the same kind of power, and other circumstances after the commission of the crime, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, shall be determined as ordered by the sentence in consideration of the sentencing conditions.

5. Defendant M: Even if the degree of Defendant M’s participation in the operation of the above game room is not severe, the sentence shall be determined as ordered in consideration of various sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., by taking into account the following factors: (a) the Defendant M had the same record of suspension of execution; (b) the Defendant was sentenced to imprisonment for four months in this court as the same kind of case; and (c)

Judges Jeong Sung-ho