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(영문) 부산지방법원 2014.11.19 2014고단7652
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment for 10 months, each of the defendants B, and defendant C shall be punished by a fine of 5 million won.

Defendant

B and C above.

Reasons

Punishment of the crime

From August 5, 2014 to September 2, 2014, the Defendants conspired to set up 40 coophone games, which are speculative game products using a short-time current game, which are speculative game products not rated from the “FPC bank” on the first floor underground of the building located in Busan Dong-gu E, and offered them for use by customers around that time. They exchanged 20,000 won of coophonephones acquired through the use of the said game products to customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Investigation report (control details, etc.);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 44 (1) 2, Article 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2, Article 44 (1) 2, Article 32 (1) 2, and Article 32 (1) 7 of the Promotion of respective Game Industry Act concerning facts constituting an offense, and Article 44 (1) 2 of the Act on the Promotion of Game Industry ( point of exchanging results acquired through the use of game products);

1. Selection of imprisonment with prison labor for Defendant A, Defendant B, and C, respectively, as to the option of the punishment

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

1. Defendant B and C in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: The crime of this case on the grounds of sentencing under Article 44(2) of the Game Industry Promotion Act requires a strict punishment of social harm, such as encouraging the general public’s spirit of gambling and undermining the will to work, and it is also reasonable to have set up 40 rating games.

Defendant

A is not good for health conditions, such as suffering from pinson's disease, but has not been of the same kind, but is most important for participation as the owner of the business in the game room.

Defendant

B and A are the general manager of each game room and the person in charge of money exchange, and the degree of participation in the position of receiving daily allowances is less light than that of Defendant A, and there is no record of criminal punishment.

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