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Reasons
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(영문) 수원지방법원 2013.06.26 2013고단1537
게임산업진흥에관한법률위반
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, from January 18, 2013 to December 20, 2013, installed 40 units of “sea camping machine”, which is a speculative machine not rated by the Game Rating Board, in the game site in the fiveth floor of the Osan City B building, in which the Defendant had an employee, employed C, D, and assigned the game with 5,00 points per 5,00 won and then had the customers who find the place engage in the game, followed or lost the game according to the combination of the specific pictures and numbers shown on the game screen, and exchanged the remaining amount after deducting 10% of the commission from the game score acquired by the customers.

As a result, the defendant, in collusion with the above C and D, provided the game products not classified, exchanged the tangible and intangible game results obtained by customers in the game, and operated speculative acts using speculative gaming machines.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

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

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts and Punishment of Speculative Acts concerning criminal facts (the point of a speculative business using speculative gaming machines, the choice of imprisonment), Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act (the point of providing game products not rated, the choice of imprisonment), Articles 44 (1) 2 and 32 (1) 7 of the Act on Promotion of respective Game Industry (the point of using game products), Article 30 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that the defendant repents wrongs, has no power to commit the same kind of crime, and is short of the operating period);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48(1)1 of the Criminal Act

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