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(영문) 부산지방법원 2015.11.10 2015고단5024
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who operates a mutual game hall called "C" from the 4th floor of Busan-gu.

From December 17, 2014 to March 6, 2015, the Defendant: (a) from around December 17, 2014 to around March 6, 2015, the game was automatically carried out in the game site and the three lines from the screen of the game screen were stopped as above; (b) each of the three lines, in which the three lines stand, is considered to constitute a prote-electric game for which the points are obtained if they coincide with the street, and (c) the “dgradon-m game” game for which the points are obtained in an opportunity to be obtained, was installed in the game management committee to offer 38 prote-p game machines to unspecified customers for use; and (d) paid free cupon 10,000 won, written with the points obtained by the customers 10,000 won.

As a result, the defendant provided game products not classified by the Game Management Committee for use, and provided customers with free clocks corresponding to game products, thereby promoting speculation.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes on response as a result of appraisal;

1. Article 44 (1) 1-2 and 2, subparagraph 3 of Article 28 and Article 32 (1) 1 of the Act on the Promotion of the Game Industry concerning facts constituting a crime;

1. Selection of imprisonment with prison labor chosen;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. A suspended sentence shall be imposed in consideration of the size of the game room for sentencing of Article 48(1)1 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act and the size, business methods, period of business, criminal record (not stated as a violation of the Game Industry Promotion Act) and other factors; however, probation and community service order shall be issued to prevent recidivism.

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