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(영문) 수원지방법원 2019.08.22 2019고단2609
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Game products related business entities shall not allow others to gamble or perform other speculative acts using game products, or neglect to allow them to do so, and the defendant is a game products related business entity who operates a game site in the trade name of "C" in the Suwon-si B.

Nevertheless, from September 13, 2018 to January 16, 2019, the Defendant installed a total of 94 game machine, such as 30 game machine for “Yungpo” and 20 game machine for “Yarao” in the above game room. The Defendant stored the game score obtained by using the above game machine in the form of points with money paid to many unspecified customers who visited the game room in return for keeping the game score in the form of points. On the other hand, where a request for a transfer of the game score after a cash transaction was made between customers, the Defendant, despite being aware of the fact that there was a cash transaction, knew that there was a cash transaction, issued exchange values to the above game score in a way that purchases cash equivalent to the game score of the customer who sells the game machine by inserting it into the game machine of the customer who purchases cash equivalent to the game score of the customer who sells the game machine and made it possible to exchange it by allowing the said customer to do gambling or perform other speculative acts by using the game product, or left it unattended.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D and E;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (fields and photographs), investigation reports (specific criminal proceeds and necessary confiscation, etc.);

1. Article relevant to the facts constituting an offense and the selection of punishment;

1. Article 44 (1) 1 and subparagraph 2 of Article 28 of the Act on the Promotion of the Game Industry concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation, Article 44 (2) of the Game Industry Promotion Act;

1. Article 44 of the Act on the Promotion of Additional Collection of Stocks;

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