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(영문) 대구지방법원 포항지원 2019.01.31 2018고단1270
게임산업진흥에관한법률위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the Defendant is a person running a store “C” in South-gu, Nam-gu, at the port of distribution. The game products related business entity did not provide products of at least 5,000 won in total for the use of the game products through the game products. On September 26, 2018, the Defendant violated the rules of compliance with the game related business by providing the game products with free gifts of at least 12,000 won in the three game machine among the 26 game machines installed in the above store. Other matters to be observed, the Defendant violated the rules of compliance with the game related business by providing the game products of at least 12,500 won in the market price during the three game machine among the 26 game machines installed in the above store.

2. Determination

A. When a criminal trial becomes final and conclusive and conclusive, it is impossible to repeatedly punish the same crime, and where a prosecution is instituted against the same case with a final and conclusive judgment, a judgment of acquittal shall be pronounced. Whether the facts charged or the facts charged are identical shall be based on the defendant's act and the social facts, and its normative elements shall also be considered (see, e.g., Supreme Court Decision 2004Do4758, Nov. 12, 2004). The so-called so-called business crime is a single type of collective crime, the same act is naturally expected to be repeated in light of the nature of the elements of the crime. Thus, it is an act constituting such business crime, and multiple acts continuously and repeatedly conducted at the same place for a certain period, barring special circumstances, constitute one crime comprehensively.

(See Supreme Court Decisions 83Do939 delivered on June 14, 1983; 2005Do5665 delivered on December 23, 2005, etc. (see, e.g., Supreme Court Decisions 83Do939 delivered on June 14, 1983;

According to records records 57,58, the defendant was issued a summary order of KRW 1 million (200,000,000,000) on October 12, 2018 by this court as a violation of the Game Industry Promotion Act.

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