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(영문) 수원지방법원 성남지원 2014.08.22 2014고단1370
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a game room in Sungnam-si D and 3th floor E in Sungnam-si, Defendant B is an employee who has managed the game room, and F is a person who exchangeds to the users of the game room.

From April 23, 2014 to April 19:00, the Defendants conspired with F, and from April 28, 2014, from April 2014, to April 28, 2014, the Defendants: (a) installed 35 game machine in the said game room; (b) had users enter money in the said game machine; and (c) had users play the game; and (d) upon receipt of a demand from users to exchange points, enter the amount converted into 5,000 won per point in the total table and give users the amount converted into 5,00 won; (c) instruct the users waiting in the game room; and (d) exchange the remaining amount after deducting 10% of the total amount from the user waiting in the place of the game room; and (e) the Defendants purchase the preceding slip from F to exchange points obtained through the use of the game product.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against Defendants, F, and G

1. Each statement of Defendant B, F, G, H, I, and J

1. Statement of seizure of each police;

1. Application of statutes on field photographs;

1. Defendants of relevant criminal facts: Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of fine

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 44 (2) of the Game Industry Promotion Act, Article 48 (1) 1 and 2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A is guilty of committing a crime, and has not been punished for the same kind of crime, and Defendant A supports his and her mother and child. However, Defendant A is a person who operates the game of this case and the size of the game room has not been small.

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