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(영문) 인천지방법원 2018.11.23 2018고단7486
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

No one shall engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

Defendant

A is a business owner who establishes a total of 70 games, such as the 40 games and the 30 games of “F Games” and the 30 games of “F Games” with the trade name of “F Games” on the Incheon Gyeyang-gu E and 4th floor, and operates a game room, and Defendant B is an employee who has worked in the above game room.

From May 8, 2018 to May 9, 2018, Defendants conspired with each other to exchange the tangible and intangible results acquired through the use of game products in cash by exchanging the game money acquired by customers in cash with the exception of 10% of commission, from May 8, 2018 to May 9, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement of reference by the prosecution concerning G;

1. Police seizure records and list of seizure;

1. Each internal investigation report (a case concerning attachment of a non-control report, the name of the game head and registration report);

1. Each investigation report (to submit a report on the failure to prepare a provisional record and the details of exchange, to attach screen pictures to money exchange CDs and caps photographs, the site conditions and details of execution of warrants, to examine whether the seized game products are subject to forfeiture, and to submit a lease agreement, etc. in the suspect game room);

1. Application of Acts and subordinate statutes to a money exchange image closure photograph and on-site photograph of a game room;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and the choice of imprisonment with labor;

B. Defendant B: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act (total) and the choice of fines

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Order of community service;

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