2006 Highest 2484A. Violation of the Sound Records, Video Products and Game Software Act

206 Highest 5653(combined)(b) Violation of the Sound Records, Video Products and Game Software Act

(Violation of Classification)

(c) Gambling places;

1.(a)(b) OOO

2.A.00

3.c. 00

South ○

Attorney Doo-○ (for the defendant ○○)

Attorney Lee ○-soo (Apon for Defendant ○○)

Article 100 (Court Decision Governing the Defendant’s Appeal)

April 27, 2007

Defendant 00 shall be punished by imprisonment with prison labor for a period of one year and six months, and by imprisonment for a period of eight months: Provided, That the execution of each of the above punishment against Defendant 00 and 000 shall be suspended for two years from the date of the final judgment of this case.

Nos. 1 through 6 of the seized evidence shall be confiscated from ○○○, and Nos. 7 through 9 shall be confiscated from ○○○.

Criminal facts

1. Defendant ○○○○ or ○○○ was engaged in a club business from August 2005 to January 2006, and operated the 1st century on the 588-10th floor of the building located in Sinsan City. A game providing business entity shall not allow customers to engage in gambling or other speculative acts using game products. In a general game place, customers shall not exchange or repurchase free gifts, but they shall not engage in such acts as exchanging or re-purchasing free gifts, while managing Defendant’s money exchange center, and Defendant ○○ was responsible for the role of management of entertainment rooms by employing ○○ as employees, and profits coming from the money exchange room are shared by Defendant ○○○, Defendant 1’s business to operate an entertainment room in a manner with Defendant ○○○, and Defendant 1’s business to build an unspecified entertainment room from December 2005 to January 206, 2000, Defendant 00 00 0 0 0 0 0 0 0 0 0 Ga Ga Ga 1.

2. The defendant OOOO (OOO) operated the Daegu Suwon-dong 567-36 "Thoman Shobal Shobane", and this OO (OO) exchangeds the merchandise coupons supplied to customers in cash again, in collusion with the above defendants for profit-making purposes:

A. From April 5, 2006 to the 25th day of the same month, at the above scambling, approximately 50 ordinary computers with a size of about 50 square meters are installed, and gambling is charged with cyber game money converted into 1 Congo per won by receiving money from many unspecified users who have set up 50 square meters, and the above users are connected to 'htt/www.ww.com.com' and the above game money is scambling with the name unford users connected to the same site and the above game money. If customers request money exchange of remaining game money after the completion of the game, they are opened gambling by deducting 10% of money exchange commission from commission.

B. Although the Defendant OO○ did not offer a classified game product for the production, distribution, viewing, or use of the game product, he provided a game product with a different content in the above time and at the above place, he provided it to customers, even though he had a large number of unspecified customers do gambling by accessing the above site, and provided a merchandise coupon corresponding to the remaining game money to customers and had customers exchange it in cash at the money exchange office operated by the Defendant OO○○, so that they do not provide cash exchange or merchandise coupon for game money.

Summary of Evidence

Facts No. 1 of the ruling

1. Partial statements made by the defendant ○○ or ○○ in the fourth trial record;

1. Statements made by the defendant ○○ in part of the 11th trial record;

1. Entry of each part of the witness ○○ in the fourth and nine trial records;

1. Partial statement of the witness ○○ in the 11-time protocol;

1. Some statements made by the prosecutor about the suspect interrogation protocol against the defendant ○○

1. Police suspect interrogation protocol on Defendant ○○;

1. In full view of each police statement, etc. on Clerks, Clerks, and 00:

Facts No. 2 of the ruling

1. Each statement made by the defendant ○○ and ○○ in the seventh trial records;

1. An interrogation protocol of the accused ○○ and the prosecutor’s office ○

1. Each police interrogation protocol of the previousO, regularO, lecture0, medical team00, and KimO;

1. Each police protocol of Kim○-○ and Cho Jong-○;

1. Each protocol of seizure and the list of seizure;

1. Receipt of each settlement, photographs of skins, money exchange, and copy of business registration certificate;

1. Each fact in the ruling can be recognized by integrating a copy of the Sacker Game note, etc.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant Oral ○○

Articles 247 and 30 of the Criminal Act, Article 9 of the Addenda to the Promotion of the Game Industry Act, Article 50 (1) 2 and Article 21 (1) of the former Sound Records, Video Products, and Game Products Act (repealed by Article 3 of the Addenda to the Promotion of the Motion Pictures and Video Products Act; hereinafter the same shall apply), Article 50 (3) and Article 32 subparagraph 3 of the former Sound Records, Video Products, and Game Products Act, Article 30 of the Criminal Act, and selection of imprisonment, respectively.

B. Articles 50 subparag. 3 and 32 subparag. 3 of the former Sound Records, Video Products, and Game Products Act; Article 30 of the Criminal Act; the choice of imprisonment

C. Defendant Lee 00

Articles 247 and 30 of the Criminal Act, the choice of imprisonment

1. Aggravation of concurrent crimes (Defendant O00);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant ○○, ○○○○);

Article 62 (1) of the Criminal Code (Consideration of Sentencing)

1. Confiscation (Defendant ○○, ○○○○);

Determination on Defendant 1 and 2 of Article 48(1)1 and 2 of the Criminal Code, and on the assertion by ○○○○

The above Defendants and their defense counsel asserted that there was no conspiracy with each other in relation to the business of the "Gameland" in this case.

In the co-principal relationship in which more than two misunderstandings conspired to commit a crime, the conspiracy is not a legally fixed type of punishment, but only a combination of intent to realize a crime. Although there was no process of the whole conspiracy, if the combination of intent is achieved in order or implicitly through several persons, the conspiracy relationship is established. A person who has not participated in the act of the conspiracy is criminal liability as a co-principal even if he/she has not participated in the act of the other conspiracy. In addition, the conspiracy for co-principal is to be one of the two or more persons in order to commit a specific criminal act with a common intention, and to shift one's own will to the execution by using another's act. However, the decision of the conspiracy does not require a detailed decision on the detailed date, time, place, contents, etc. of the mother's own will, and it is not clear that the unity of intention has been formed.

In light of the facts that ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s sales of the instant gift certificates, and the fact that the said ○○○○○○○○’s sales activities had been carried out on the instant 5th of the 6th day.

Comprehensively taking into account the facts recognized as above and ordinary entertainment rooms and exchange rooms, it is sufficiently recognized that Defendant O○ and U.S.O. had recruited to operate the above entertainment rooms and exchange rooms in order or implicitly through the last ○○○ via the medium and the last ○○○○. Therefore, the above arguments by the above Defendants and their defense counsel cannot be accepted.

The reason for sentencing is that Defendant 00, in collusion with Defendant 100, operated an amusement room and exchange room in the same business and was under investigation by the police, and opened a gambling room in the name of early April 2006 without being able to provide customers with game products which were not classified under the name of the first police officer, and received considerable profits from each of the crimes of this case, etc., each of the crimes of this case is not good. Defendant 00 is not enough to deny the crime that there was no fact that Defendant 4 had been operated in collusion with ○○○○○○○, a witness, and had ○○○○○○, a witness, make a false statement in favor of the Defendants, or ○○○○’s previous statement on behalf of them. In light of the above, Defendant 1 and ○○○, the maximum ○○, Defendant 200, and Defendant 207, Defendant 207, Defendant 1 and 207, Defendant 207, Defendant 207.

Judges Yoon Young-soo