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(영문) 서울북부지방법원 2021.03.31 2020고단4448
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No game water-related business entity shall allow others to gamble or perform other speculative acts by using game water, or leave them to do so, and no one shall exchange, arrange for exchange or re-purchase of tangible and intangible results, such as game money, acquired through the use of the game water.

Nevertheless, from October 2019 to May 13, 2020, the Defendant employed a “C”, which has a 100 speculative game machine from Nam-gu B to his port, as an employee, and managed the customers’ money by accumulating and deducting the game money. If the customers request to exchange the game money in cash, the Defendant paid the corresponding cash after subtracting the game money in cash.

As a result, the defendant conspired with D to allow customers to perform speculative acts using game water and exchange game money acquired through the use of game water in cash.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspects of the accused and D by the prosecution;

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

1. Statement made by the police with respect to F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal report (fluoring a part of a reported image) and a criminal investigation report (fluoring a game product provided to customers by the accused);

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 1, Article 28 subparagraph 2 of the Act on the Promotion of Alternative Game Industry (the point of speculative acts by using game water), Article 44 (1) 2, and Article 32 (1) 7 (the point of exchange of results through the use of game water) of the Game Industry Promotion Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Articles 10(1) and 8. of the Act on Regulation and Punishment of Concealment of Criminal Proceeds.

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