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(영문) 대전지방법원 홍성지원 2016.02.17 2015고단1207
게임산업진흥에관한법률위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

D is the unemployment of the “F Game Center” on the second floor E in Chungcheongnam-si, Chungcheongnam-do, and the Defendants are the employees of the above game hall.

From August 28, 2015 to December 2 of the same year, from around August 28, 2015, the Defendants set up 80 games for “new posters losses” and 20 games for “Cho 2,” together with D, and offer them to many and unspecified customers, and Defendant A deducted 50,000 commissions per 50,000 won in cash and exchanged the said games to 45,000 won. Defendant B, in preparation for the police control, had performed duties such as cleaning a game room by registering the said games in its name.

As a result, the Defendants conspired with D to exchange intangible results obtained through the use of game water for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of G to the prosecution;

1. The statement in G during the fourth-time suspect examination protocol against the defendant B;

1. Statement made by the police with H;

1. Seizure records;

1. Details of registration of the representative of the F Game Center;

1. Visual closure photographs;

1. Application of statutes on site photographs;

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 same Act, Article 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendants of protection observation and community service order: Article 62-2 of the Criminal Act;

1. Confiscation Defendant B: The reasons for the sentencing under Article 44(2) of the Game Industry Promotion Act, Article 48(1)1 and 2 of the Criminal Act [the scope of applicable sentences under the law] 1 to 5 years [Application of the sentencing guidelines]: The type of punishment: the crime of gambling games, the provision of goods using illegal games, etc., the special sentencing factors for the type 2 (re-purchase of goods before conversion): the area of recommendation and the scope of the recommended punishment: The basic area; the imprisonment with prison labor for not less than 6 months and not more than 1 year and 6 months (decision of sentence]; Defendant 2.

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