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(영문) 대구지방법원 서부지원 2020.05.19 2019고단3184
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

A game products related business entity shall not allow others to gamble or perform other speculative acts using game products, or leave them to do so, and no one shall exchange, arrange for exchange or repurchase the results of tangible or intangible outcomes acquired through the use of game products or conduct business of repurchase.

The Defendant is a juvenile game providing business entity who conducts a business with the trade name “C Gameland” from the Daegu Seo-gu B and the second floor from August 1, 2019.

From the above date to October 13, 2019, the Defendant established a ew Adin’s 40 game machine in the above game room, and exchanged the scores of the game products that an unspecified number of customers acquired as a result of friendship in cash with the exception of 10% of commission fees.

As a result, the defendant had game products related business operators do gambling and other speculative acts using game products, and exchanged tangible and intangible results acquired through the use of game products for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement of the police statement concerning the F;

1. Police seizure records;

1. On-site photographs, electronic information confirmation certificates and evidence video CDs, response by the library of the month related to the game room, rating records, rating classification decision, rating classification decision, photographing pictures of the game room, on-site photographs;

1. Application of Acts and subordinate statutes of the report of internal death (number 15);

1. Article 44 (1) 1, Article 28 subparagraph 2, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Game Industry concerning criminal facts, the selection of imprisonment with labor;

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 provides that the Defendant would not repeat the instant crime again after recognizing the instant crime, and the period of running the instant game room is not so long as the actual gains are not high.

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