A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 5 shall be confiscated.

Punishment of the crime

No one shall provide game products not classified for distribution or use, or conduct business exchanging tangible or intangible results obtained through the use of game products.

Nevertheless, from April 3, 2010 to April 9, 2010, the Defendant installed 40 outdoor games, which are game products not rated, in Busan Gangseo-gu, Busan, and provided customers with 40 outdoor games, and around that time, operated money exchange business by exchanging gift certificates acquired by customers for 4,500 won per sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Each statement of E, F, G, H, I, J, K, and L;

1. Police seizure records;

1. Application of a real estate lease contract, on-site photographs statutes;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 and 7 of the Act on the Selection of Game Industry, and Selection of Imprisonment, respectively;

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

1. Sentencing of Article 44(2) of the Act on the Promotion of Confiscation Industry provides game products with contents that are not classified as the crime in this case, and the act of exchanging tangible and intangible results acquired through the use of the game products is highly harmful to society, such as encouraging the public’s spirit of gambling and undermining sound labor awareness. Although claiming that the building in this case was leased for the operation of the electric siren business, it is inevitable to pronounce a sentence of imprisonment in light of the fact that it appears that the act of selling used cars and attracting customers through telephone, etc. is deemed to be operated systematically and professionally.

Provided, That the same sentence as the order shall be imposed in consideration of all the circumstances, such as criminal records of the defendant, period of operation of the game room, size of the game room, etc.

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