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(영문) 광주지방법원 2019.08.13 2019고단2200
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence1 to 3 above shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is a person who operates a game room in the Southern-gu B 3th floor in Gwangju-gu.

1. Although a person who provides a game product not classified as a game does not provide a game product for distribution or use, or display or store it for that purpose, the Defendant installed a PC 25 unit in which the game product was stored, such as sand, etc. from the beginning of March 2019 to the end of March 11, 2019, and provided it to customers who found the above game site.

2. In spite that anyone is prohibited from engaging in an act of exchanging, arranging the exchange or re-purchase of tangible and intangible results obtained through the use of game products, he/she is engaged in the money exchange business by calculating points obtained by customers using the above game products as KRW 10,000 per cash at the date and at the place specified in paragraph 1 and at the place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. Records of seizure and the list of seizure;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 2);

1. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1 ( point of providing game products not rated), 44 (1) 2, and 32 (1) 7 of the Promotion of the Game Industry Act ( point of providing game products not rated) of the Act on the Promotion of the Game Industry, the selection of imprisonment for each type of punishment;

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

1. The crime of this case for the reason of sentencing under the former part of Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act requires strict punishment as an offense with great social harm, such as encouraging a speculative spirit and hindering the people's awareness of sound labor, and the defendant has a criminal record of the suspension of the execution of imprisonment for the same crime, even though he was sentenced to imprisonment

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