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(영문) 대전지방법원 2018.10.10 2017고단2239 (1)
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (damage, etc. to group deadly weapons, etc.) at the Daejeon District Court on December 5, 2013 and completed the execution of the sentence on June 4, 2014.

From November 26, 2016 to December 16, 2016, the Defendant provided for the use of a game product different from the contents of the rating, and exchanged the remainder by deducting a commission of 10% from the fee for the points that an unspecified number of customers acquired while allowing them to perform the said game, by deducting a commission of 10% from the fee for the points that an unspecified number of customers acquired, and by deducting a commission of 10% from the fee for the performance of the said game.

As a result, the defendant provided a game product that has not been rated for use, and exchanged tangible and intangible results obtained thereby to engage in speculative activities as a business.

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

1. A protocol concerning the interrogation of suspects of E;

1. Each statement of F, G, H, and I;

1. Police seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the text of the judgment and personal confinement status);

1. Criminal facts under Article 45 subparagraph 4 of the relevant Act and Article 32 (1) 2 of the Act on the Promotion of the Game Industry (the point of providing game water different from the game water classified as the rating), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point of using game water) and Article 32 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of using the game water), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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