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(영문) 전주지방법원 군산지원 2018.12.07 2018고단1127
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

The Defendant is a person who rents the 2th floor of a building in the Gunsan-si, and operates a game hall with the trade name of “C” by establishing the 40th floor of a beautiful island game, and the 5th unit of a “sea Stop” game.

No one shall engage in a business of exchanging tangible or intangible results obtained through the use of game water.

Nevertheless, from June 20 to 22:00 of the same month from June 20, 2018 to June 25, 2018, the Defendant exchanged 5,000 won per point of time when the Defendant invested money in the game machine and carried out the game, thereby losing or obtaining points according to the result, immediately upon receiving a request for return according to the accumulated points, exchanged 10% of commission fees.

As a result, the defendant committed an act of exchanging tangible and intangible results obtained through the use of game water for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure, C’s photograph;

1. Application of the CD-related Acts and subordinate statutes to the ocean-going business video (C);

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

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 44(2) of the Game Industry Promotion Act / [the scope of the recommended punishment / [the scope of the recommended punishment / [the business of arranging exchange, arranging exchange, and re-purchasing illegal game water] under the basic area (6 months to 1 year and 6 months] [no person subject to special sentencing] / The defendant's primary offender is a favorable sentencing factor; the crime of this case is highly dangerous social harm, such as promoting speculative spirit and impairing sound labor; the crime of this case is necessary to be strict since the crime of this case is highly harmful to society; the number of the installed game machine amounts to 45 types of business, and it appears that business methods or is closely and systematically displayed.

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