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(영문) 서울북부지방법원 2015.10.30 2015고단377
게임산업진흥에관한법률위반
Text

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

Seized evidence 1 through 11, 13, 14 shall be confiscated.

Reasons

Punishment of the crime

From March 3, 2010 to March 5, 2010, the Defendant: (a) from around March 3, 2010 to around March 5, 2010, (b) had D play the so-called “bab president” role, and (c) had D guide customers or look at a stude; (d) had E act for customers to guide customers, organize business books, and engage in money exchange work; (e) the Defendant, while taking overall control of the operation as the actual owner of the said game site, conducts business using 35 computers with so-called “sea-to-sea-to-sea game products” in which the Game Rating Board did not receive the rating of the Game Rating Board, and (e) exchanged the remaining points of customers who play a game by calculating 10,000 to 10,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. Application of the Acts and subordinate statutes to control and support outcomes, revolving the sea;

1. Article 44(1)2 and Article 32(1)1 of the former Act on the Promotion of Game Industry (amended by Act No. 10219, Mar. 31, 2010); Article 30 of the Criminal Act (amended by Act No. 10219, Mar. 31, 2010); Article 44(1)2 and Article 32(1)7 of the former Game Industry Promotion Act (amended by Act No. 10219, Mar. 31, 2010); Article 30 of the Criminal Act on the Promotion of Game Industry (amended by Act No. 10219, Mar. 31, 2010); the selection of imprisonment for each type of imprisonment

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

1. The reason for sentencing under Article 44(2) of the former Act on the Promotion of Game Industry (amended by Act No. 10219, Mar. 31, 2010) is that the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on October 9, 2009 and committed the instant crime during the grace period; the Defendant attempted to be punished on the ground of the head of the branch office; immediately after the control of the instant crime, he was involved in the business of the illegal game room; the investigation and trial of the instant case are not faithfully conducted; and the need to eradicate the illegal game room.

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