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(영문) 서울북부지방법원 2019.05.28 2018고단4830 (1)
게임산업진흥에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates a game room on the second floor of the building in Jung-gu Seoul Central Government, with the trade name "D", and the defendant B is a person who works as an employee in the above game room.

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products.

Nevertheless, from May 24, 2018 to August 21, 2000, Defendant A established 50 meters of the area of the above D from May 24, 2018 to August 21, 2018, in order to put money to customers and to obtain points while carrying out a game. Defendant B received approximately KRW 13 to 180,00 per day from Defendant A and exchanged 10% of the fee per 10,000 won after deducting from Defendant A’s request for exchange.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Statement of each police statement against the Defendants

1. Police seizure records;

1. Investigation report (Attachment to a son’s statement);

1. Application of statutes concerning registration certificates of juvenile game providing business operators and details of transactions;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 44 (2) of the Confiscation Industry Promotion Act;

1. Defendant A: Although the reasons for the sentencing of Article 44(2) of the Game Industry Promotion Act are the confessions of the Defendants, Defendant A had seven-time criminal records including the previous departments, Defendant B had 13 criminal records, the size of the game room stated in facts constituting an offense, the number of game machines, the period of operation of the game room, and one day.

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