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(영문) 대구지방법원 포항지원 2019.09.19 2019고단1020
게임산업진흥에관한법률위반
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who conducts a general game providing business with the trade name “C Gameland” from October 8, 2018 to March 4, 2019.

No one shall engage in the business of exchanging or arranging the exchange or repurchase of tangible or intangible results obtained through the use of game products.

Nevertheless, from October 8, 2018 to March 4, 2019, the Defendant installed 50 game lamps of “newidine” in the said C Gameland from around October 8, 2018 to March 4, 2019, calculated 10% of the points obtained from the said game to the unspecified number of customers suffering from the said game, deducted 10% of the points as commission and exchanged the remainder in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. A permit for each general game providing business entity, a decision on the rating of game products, and a game description;

1. Application of each statute on photographs;

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Punishment and Promotion of Game Industry (Selection of Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for illegal game products: Provision for the use, etc. of illegal game products [Type 2]: Money exchange, money exchange, good offices, and repurchase business [the scope of recommendation field and recommendation range]; the basic area of recommendation [the scope of recommendation field and recommendation range]; six months through one year and six months;

3. The Defendant’s choice of imprisonment in consideration of the social risk of the instant crime that leads to a sound decision-making of sentence of punishment and encourages a speculative spirit, and the Defendant’s total recognition of the crime, the Defendant has an opportunity to reflect by means of confinement life for a certain period, and the Defendant’s age, career, health, etc. shall be taken into account in a lump sum, taking into account all the conditions of sentencing, including the fact that the Defendant was punished once due to violent crimes in 198, and there

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