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(영문) 서울북부지방법원 2019.08.14 2019고단678
게임산업진흥에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for a period of eight 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

Defendant

A is a person who operates a game room in the name of “D” on the fourth floor of Seongdong-gu Seoul Metropolitan Government, and Defendant B is a person who works for the main office in the above game room.

No one shall exchange, arrange exchange, or repurchase tangible and intangible results obtained through the use of game products for business purposes.

Nevertheless, from June 4, 2018 to July 2, 2018, Defendant A established 50 game machine in the above game room from June 4, 2018, and had customers put an IC card in the above game machine and put cash into the game machine, and operated the game machine, thereby obtaining corresponding points on the screen, and exchanged the corresponding points in cash (in 1 won per point) accumulated on the IC card, and the accumulated points (in 2000 won per point) was requested from customers, Defendant B provided guidance so that they can exchange through Defendant A upon request of customers.

As a result, Defendants conspired to exchange tangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Each written statement of G, H, I, J, K, L, M, N,O, and E;

1. Submission of data requested by a person registered in a game room and investigation report (real estate lease contract);

1. The present defendant B asserts that even if it falls under aiding and abetting the defendant A's crime, it cannot be punished as a co-principal.

According to the evidence above, the above defendant is deemed to have a functional control over the crime of this case in view of the fact that the defendant worked as the head of the main office of the instant business site and stored the telephone numbers of customers in his mobile phone, and provided direct guidance on the exchange to those in need of exchange.

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