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(영문) 제주지방법원 2016.06.16 2015고정1124
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual operator of the “DPC room” located in Jeju City. On June 2015, the Defendant directly exchanged or arranged exchange for the result of the acquisition of the game by installing the “DPC” game in the PC room and providing it to the customers by 10% out of the points acquired by customers, and taking measures so that customers can receive a return in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (No. 4, appendix of the place of sale), investigation reports (verification, etc. as the operator of the A Game Center);

1. The registration of the business of manufacturing Internet computer game facilities (DPC room);

1. Recording records;

1. Application of the relevant Acts and subordinate statutes (36 pages of investigation records);

1. Article 44 of the relevant Act on criminal facts, Article 44 (1) 2 of the Act on the Promotion of Selective Game Industry, and Article 32 (1) 7 of the Act on the Promotion of Selective Game Industry, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case is that the Defendant confessions the instant crime and repents his mistake. The fact that there was no record of the same kind of crime in the past is favorable to the Defendant, or that the illegal game room promotes an excessive speculative spirit, impedes sound labor awareness, and thus has not been eradicated even through continuous control, and thus, there is a great need for the punishment. Considering the period and method of the Defendant’s operation of the game room, as well as various sentencing conditions specified in the instant pleadings, including the Defendant’s age, sex behavior, environment, circumstances after the commission of the crime, and other various sentencing conditions, the amount of the fine specified in the summary order is not recognized to be excessive, and there is no change in circumstances that can be considered in sentencing after the summary order.

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