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(영문) 인천지방법원 2019.07.19 2018고단9511
게임산업진흥에관한법률위반
Text

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

No one shall exchange, arrange for exchange, or repurchase tangible or intangible results obtained through the use of game products as a business, and no game products related business entity shall promote speculation by providing cash, merchandise coupons, securities, etc. with free gifts, etc.

From May 11, 2018 to June 20, 2018, the Defendant: (a) performed the “C” business on the Namdong-gu Incheon Metropolitan City B and 11th floor; (b) served as a “bate president” by lending the name to a person with poor standing; and (c) conspired to exchange the name while working for the head of the office in the said game room.

The Defendant, along with his name influence, set up a game room with the foregoing “C” from May 11, 2018 to June 20, 2018, operated the game room by setting up 50 games, which had been acquired by customers after they performed the game, and exchanged in cash after deducting 10% of the game money acquired by them as commission fees, and when a guest who performed the game in the “spawn” game machine participated in “spawn”, the Defendant paid KRW 200,000 in cash, separate from the game money.

As a result, the defendant in collusion with a name-free person in order to exchange tangible results obtained through the use of game products as a business, and provided free gifts such as cash to promote speculation.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. Witnesses D and E's respective legal statements;

1. Records of seizure and the list;

1. Application of Acts and subordinate statutes to money exchange CDs (RECO-064), money exchange CDs (RECO-073) additionally submitted;

1. Article 44 (1) 2, Article 32 (1) 7, Article 30, Article 44 (1) 1-2, and Article 28 subparagraph 3 of the Criminal Act concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1, Article 44 (1) 1-2, and Article 28 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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:

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