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(영문) 울산지방법원 2013.05.09 2013고단607
게임산업진흥에관한법률위반
Text

Defendant

A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for six months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

A and B are the owners who jointly operate a mutual game hall called Ulsan-gun G, Ulsan-gun G, and the defendant C is a person who lends his name and manages the game hall for the operation of the game room.

From February 20 to March 5, 2013, from around February 20, 2013 to March 5, 2013, the Defendants installed 30 games in the said game room with 30 games, 70 games, 5 games, and 6 games for “railroad travel.” The Defendants made an employee H exchange 4,500 won for cash in a game machine if the instant item card was discharged from the game machine, by having customers with no knowledge of his/her name, input cash in the game machine and play the game.

As a result, the Defendants, in collaboration with the above H as an employee, carried out a business exchange of the results obtained through game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and J;

1. Police seizure records;

1. A prosecutor's investigation report (verification of daily average earnings and total earnings);

1. The application of Acts and subordinate statutes to police investigation reports (as to replys regarding game products as a result of appraisal);

1. Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry, Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment (the defendants)

1. Article 57 of the Criminal Act, including the number of days pending trial (the defendants)

1. Suspension of execution (the defendants) Article 62(1) of the Criminal Act (The conditions favorable to the defendants among the reasons for sentencing are considered as follows)

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

1. Article 44 (2) of the Act on the Promotion of the Game Industry;

1. An offense that promotes a speculative spirit of the general public in the reason of sentencing under Article 44(2) of the Act on the Promotion of the Game Industry (the defendant A, B) is highly harmful to society, but the period of crime is not shorter than that.

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