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(영문) 서울남부지방법원 2017.08.09 2017고단1186
게임산업진흥에관한법률위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of “BPC room”.

1. On February 20, 2016, from around March 23, 2016 to around March 23, 2016, the Defendant provided ten computers with the trade name “BPC room” from Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the second floor, and provided a large number of unspecified customers with game products that were not rated, “HTRSE RoCING” (a kind of horse game product which allows its users to betting at a specific horse, and gives dividend points according to a certain dividend rate).

2. The Defendant, in collusion with D who is an employee, exchanged a tangible and intangible outcome obtained through the use of a game product by allowing an unspecified number of customers to use the foregoing HCRE RACING game water at the same time and place as above, and then exchanging the score obtained according to the result in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Alternative Game Industry, Article 30 of the Criminal Act (the provision of game water and the selection of imprisonment without prison labor), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act;

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. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act and Article 44(2) of the Game Industry Promotion Act;

1. A crime No. 1 in the sentencing guidelines [the scope of a recommendation] and a crime No. 2 in the basic area ( August 1 to 6) (the period from August 1) (the period from August 2) (the period from which a person is subject to special sentencing) of the category No. 2 in the distribution of illegal games, including the illegal games [the scope of punishment].

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