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Reasons
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(영문) 대전지방법원 공주지원 2020.02.07 2019고단487
게임산업진흥에관한법률위반
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1. Defendant A shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

Defendant

A and B are users operating a game room in the trade name of “F” from August 25, 2018 to March 6, 2019. Defendant D is from August 25, 2018 to March 6, 2019; Defendant C is a person in charge of exchanging customers in the game room; G is an employee of the game room; H is an employee of the game room; H is a customer at the game room at the request of Defendant A and B; and H is a person who, upon receiving a request from the other customers, exchanged to the other customers.

No one shall arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game products.

Nevertheless, in collusion with G and H, the Defendants exchanged approximately KRW 180,000 and acquired KRW 18,000,000 of money exchange commission by means of cash payment, by calculating the points they acquired at least 20,000 won per 100 points to the nominal customers who acquired 100,000 won by using game products, such as the “Saang” and “Yacheon,” installed at the above game site during the above period.

Accordingly, the Defendants conspired with G and H to arrange exchange or exchange of results obtained through the use of game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. A report on investigation (a report on confirmation of the period of participation in exchange);

1. A license for a general game providing business operator;

1. Storage records, such as details of transactions by account and game dates;

1. Photographs photographs, such as site photographs, reservation sets, etc.;

1. Application of the game venue video-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Game Industry and the Defendants’ Selection of Punishment: Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry and Article 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendant B and D: Article 62-2 of the Criminal Act;

1. Confiscation Defendant A:

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