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(영문) 대전지방법원 2020.08.20 2020고단2117
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in Daejeon Middle-gu B and 1st C.

No game products related business entity shall allow others to gamble or perform other speculative acts, or leave game products to do so, using game products, and no one shall provide game products for distribution or use which have not been classified, or display or keep the same for such purpose.

Nevertheless, the Defendant, at around 14:50 on February 18, 2020, installed 10,000 pPC computers in D, and paid 10,000 won to the Internet F (G) website through F’s manager page after receiving 100,000 won from E, and provided E with the game money equivalent to KRW 100,000,00,000, and had E sell the said game money through the said Ad, and had E exchange the game money through its head office, which was not classified by the Game Management Committee provided by the said website.

As such, the Defendant, from February 6, 2020 to February 14:50, 2020, had many customers, including E, perform speculative acts using game products, or provided game products not classified.

Summary of Evidence

1. The application of the defendant's legal statement H, E, and I of each written statement, records of seizure on the enforcement of the seizure list, photographs at the control site, copies of the registration certificate of the provider of Internet computer game facilities, replys for cooperation in investigation, lease contract and statutes;

1. Relevant Article on criminal facts, Article 44 (1) 1, and Article 28 subparagraph 2 (a) of the Act on the Promotion of the Game Industry Eligible for Punishment, Article 44 (1) 2, and Article 32 (1) 1 (a) of the Act on the Promotion of the Game Industry) concerning the provision of game products not rated, and the selection of imprisonment with prison labor;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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