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(영문) 대구지방법원 2016.04.21 2016고단285
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

From March 14, 2015 to March 23, 2015, the Defendant established 40 units in Daegu-gu B and 2’s “C Gameland,” and provided them to the unspecified number of customers, the Defendant: (a) caused customers to put money in the game machine and to change the screen; and (b) caused a specific character, such as a “light”, to put in the game on the screen; and (c) caused customers to go in the game with the form of being awarded points equivalent to KRW 5,000 on the screen; and (d) caused customers to put in money in the game machine; and (e) caused them to put in the name-free exchange to exchange the remaining points with KRW 9,00 per point specified in the above invitation.

As a result, the defendant conspired with the name in order to exchange the tangible and intangible results acquired by customers through the use of game water as a business.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement protocol by the police for E;

1. A written statement;

1. Each investigation report (Submission of photographs and suspect A detailed statement of deposit transactions at the time of exchange);

1. Recording recording recording and reporting thereon;

1. Police seizure records and list of seizure;

1. A manual for a rare wave game;

1. Photographs of subscription rights and photographs of seized games;

1. Application of exchange video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 44 (2) 4 through 6 of the Act on the Promotion of Confiscation Industry shall not be confiscated since the owner and possessor are D;

1. Reasons for sentencing (the scope of the recommended punishment) only after Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry.

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