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(영문) 서울남부지방법원 2017.10.18 2017고단1919
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment for one year, and each of the defendants 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 the actual owner of the "FPC room" in Guro-gu Seoul Metropolitan Government, and Defendant B is the employee of the above game room.

1. No game products-related business entity shall allow any person to gamble or perform other speculative acts by using game water, or leave such person to do so;

Nevertheless, the Defendants conspired with each other from October 2014 to March 31, 2017 (Defendant B from July 2016 to March 31, 2017) and caused each customer who opened eight computers connected to the Internet and entered the said game site to access the Internet illegal gambling site (G) by using the account opened in the name of the member in the said game site, and caused each customer who opened eight computers connected to the Internet to visit the said game site to do so.

2. No one shall engage in a business of exchanging or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game products;

Nevertheless, the Defendants conspired in collusion from July 2016 to March 31, 2017 to “FPC room”, and paid cyber money to customers by receiving cash, and the customers exchanged cyber money acquired in the game in cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. Control photographs of a game room;

1. Application of the Act and subordinate statutes to a statement of deposit and withdrawal in the National Bank Account B;

1. The Defendants of the relevant criminal facts: Article 44(1)1 and Article 28 Subparag. 2 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act (including the speculative business using game water; hereinafter referred to as the “Game Industry Promotion Act”); Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry; Article 30 of the Criminal Act (including the exchange of the result of using game water);

1. Defendant A who has selected the punishment: Imprisonment with prison labor and a fine;

1. Defendants who aggravated concurrent crimes: the former part of Article 37 of the Criminal Act.

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