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(영문) 광주지방법원 2018.02.20 2017고단5347
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. A person who intends to run a general game providing business providing game apparatus which is not classified as an unauthorized business or classified as a rating may conduct a business with permission from the head of the competent Si/Gun/Gu, and no person shall provide such game apparatus for distribution or use, or display or keep, for such purposes;

On May 31, 2017, the Defendant, without obtaining permission from the head of Gwangju Dong-gu Office, set up 21 unit for the old slot machine, which was not classified as rating on the second underground floor of the building of Gwangju-dong-gu, Gwangju-gu, and operated the game providing business by allowing many unspecified customers to use the game machine from May 31, 2017 to June 21, 2017.

Accordingly, the defendant operated a general game providing business without obtaining permission from the head of the Gu, and provided the game water that was not rated.

2. No person shall exchange, arrange for exchange or re-sale of intangible results obtained through the use of game water for a business.

The defendant operated the game hall like paragraph 1, and exchanged the intangible results through the use of game products by exchanging the score of 10,000 won per 1,000 won earned by customers through game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. A written statement of C, D, E, and F;

1. Seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes on fire-fighting reporting (related to the old slot games);

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 and 7, Article 45 subparagraph 2, and Article 26 (1) of the Act on the Promotion of Alternative Game Industry, and Selection of Imprisonment with labor;

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

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

1. Article 44 (2) of the Act on the Promotion of Confiscation and Collection of Additional Dues;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is the sentencing of the provisional payment order.

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