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(영문) 부산지방법원 서부지원 2019.02.12 2018고단2188
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

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

The Defendant employed the employees in the name-free currency in Busan Northern-gu B and operated the “C Gameland” as business owner operating the “C Gameland,” from December 5, 2017 to March 8, 2018, the Defendant installed 50 game machine and 50 game machine in the above game in the above game in order to enable the customers who have found the above game to use the said game, and exchanged the said game in cash in the amount calculated by deducting 10% from the points obtained by the customers according to the result of the game.

As a result, the defendant in collusion with employees in name and exchanged tangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias), E, and F;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Game Industry, Article 30 of the Criminal Act, the choice of imprisonment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. The basic area (six months to one year and six months) of the types of illegal game products and the provision of services, etc. for using the game products according to the sentencing criteria;

2. The above crime using a game room where a sentence of punishment was rendered is an unfavorable circumstance to the defendant, for example, that there is a need to strictly punish the defendant as an offense highly harmful to society, such as encouraging the citizens to have an excessive spirit of gambling and undermining sound labor practices, and that the defendant has a record of being punished twice for the same offense.

However, there are many profits gained by the defendant from the crime of this case, since the defendant led to the confession and reflect of the crime of this case.

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