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Reasons
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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단969
게임산업진흥에관한법률위반
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1. Defendant A shall be punished by imprisonment with prison labor for ten months;

Nos. 1 through 10 of the seized evidence from Defendant A.

Reasons

Punishment of the crime

1. Defendant A’s sole crime committed on February 3, 2018, from around February 11, 2018 to February 11, 2018, Defendant A established 50 game machine for “E” in the “D Game Chapter” operated by the said Defendant on the original C and 1st floor, and provided customers with 50 games, and made an exchange in cash after deducting 10% of the fee by converting the score acquired as a result of the game to 10% per unit.

As a result, Defendant A exchanged the results obtained through the use of game products in the game.

2. Defendant A and Defendant B, from April 16, 2018 to May 8, 2018, set up 50 game machine “F” to provide customers with 50 games. Defendant B, who was employed by the said Defendant in exchange for money, converted the score acquired as a result of the game into 10% per unit and exchanged in cash by deducting 10% of the fee from the said game site.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police concerning the name of the handicapped;

1. Each statement of G and H;

1. A certificate;

1. A report on the arrest of the case and the commencement of internal investigation;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (net 3), investigation report (net 5, 14, 16, 17, 18, 25, 28, 29, 32);

1. Application of Acts and subordinate statutes, 12 copies of a photograph of a game site and 26 on-site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Article 32(1)7 of the same Act; Article 30 of the Criminal Act; each choice of imprisonment;

B. Defendant B: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, the choice of imprisonment and punishment

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

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

1. Confiscation (Defendant A).

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