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(영문) 수원지방법원 평택지원 2020.01.16 2019고단1483
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who operates a game room in the name of "B building B and the second floor".

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

Nevertheless, from May 3, 2019 to July 1, 2019, the Defendant established 90 game machine for the said game in the above game room. The Defendant indicated the game score on the upper right part of the game machine in the game room as “fair” with a private pen, and where there exists a transaction between customers, the Defendant accumulated the game score on the game machine in the game room and then deducted the score that was written on the game machine of the winner’s game machine, and added the score that was written on the game machine of the winner’s game machine to the winner who purchased the score, and put the score into the game machine that was used by the winner who purchased the score.

By making the game scores of customers exchange in cash by means of deduction, the said customers made the game to provide property value to the game scores.

As a result, the Defendant had the Defendant engage in gambling and other speculative acts using game products, or left the Defendant to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Each report on investigation;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photograph reported images;

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the relevant Act on the Promotion of Game Industry, the selection of imprisonment with labor concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act;

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

1. Confiscation Article 48 (1) 1 of the Criminal Act, the main sentence of Article 44 (2) of the Game Industry Promotion Act;

1. The scope of recommended sentencing guidelines based on the proviso of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry (in the calculation of the sentencing guidelines based on the contents of the defendant's legal statement and the investigation report related to specific criminal proceeds), is from August to June, and there is no criminal history or criminal history of the same kind that exceeds a fine.

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