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(영문) 창원지방법원 통영지원 2014.08.14 2014고단446
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to conduct a juvenile game providing business shall prepare facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu, and no person shall exchange, exchange, arrange for exchange or repurchase any tangible or intangible outcome obtained through the use of game products.

그럼에도 불구하고, 피고인은 거제시장에게 등록하지 아니하고, 2013. 11.경부터 2014. 1. 15. 19:00경까지 거제시 C에 있는 ‘D’에서, 전체이용가 게임기인 ‘갤럭씨’ 게임기 2대, ‘내츄럴 씨’ 게임기 1대를 설치한 다음 불특정 다수의 손님들의 이용에 제공하고, 위 손님들이 위 게임기를 통해 획득한 점수 1만 점을 1만 원으로 환산하여 현금으로 환전해 주었다.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report ( telephone communications with reporters);

1. Requests for investigation cooperation, response to materials under investigation of juvenile game providing business;

1. Application of statutes on site photographs;

1. Relevant Article of facts constituting a crime, subparagraph 2 of Article 45, Article 26 (2) of the Act on the Promotion of the Alternative Game Industry (the occupation of juvenile game providing business without registration, the choice of imprisonment), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (the occupation of the exchange business for game products and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62-2 (1) of the Criminal Act on Probation, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry has repeatedly committed the same kind of crime over several times, and the fact that the defendant again committed the instant crime despite the past record of a suspended sentence of imprisonment, is disadvantageous to the defendant.

On the other hand, however, it is.

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