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(영문) 대구지방법원 김천지원 2017.10.17 2017고정404
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No game products-related business entity shall allow any person to gamble or perform other speculative acts by using game water;

Nevertheless, the Defendant: (a) was engaged in the Internet computer game facility providing business under the name of “C” from March 20, 2017 to July 4, 2017; (b) had six computers and six monitors within said “C”; (c) had an unspecified customer who found the said rest room access to the “D”’s game site; and (d) had the said unspecified customer enter the “B”, “B”, “B”, “B”, and “b or 7% of the printing money in the name of the fee, and distributed one half of them as the points to customers; and (d) the rest of them receive profits from the Defendant’s possession; and (e) the game points (al) acquired by customers exchanged KRW 10,000 per point 1(E).

As a result, the defendant, as a game water related business entity, caused the game to perform speculative acts by using the game water.

2. A person who intends to run the business of providing Internet computer game facilities shall be equipped with such facilities as determined by the Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the head of Si/Gun/Gu.

Nevertheless, as in paragraph (1) of the same Article, Defendant 1, who is engaged in the business of providing Internet computer game facilities, was equipped with the facilities prescribed by the Ordinance of the Ministry of Culture and Sports and did not register

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of photographs);

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 1 of the Act on the Promotion of Alternative Game Industry, Article 28 subparagraph 2 of the Act on the Promotion of Game Industry (the fact that a person has engaged in speculative acts by using game water), Article 45 subparagraph 2 of the Game Industry Promotion Act, and Article 26 (2) of the Act on the Promotion of Game Industry (the point where the business of manufacturing Internet computer game facilities is not registered), and selection of fines;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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