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(영문) 서울중앙지방법원 2013.07.18 2013고단3199
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an owner of a game room who operates a game room by installing a crym "sea open" on the first floor of Seongbuk-gu C, without any special trade name, and B is an employee of the above entertainment room.

No person shall provide game products not classified for use, or exchange such tangible or intangible results obtained through the use of game products.

From January 4, 2013 to August 8, 2013, the Defendants conspired to set up 53 games, which are game instruments not classified in the above game area, and provided them for the use of the game site, and exchanged the results thereof by exchanging points obtained through the game in cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police suspect interrogation protocol against D, E, or F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. Confiscation Defendant A: In light of the fact that the Defendants installed a CCTV for the reason of sentencing under the main sentence of Article 44(2) of the Game Industry Promotion Act to avoid the crackdown on the game industry and operated the game site as a game product that was not closely classified, and furthermore, the money exchange business was operated, the responsibility for the crime is not easy, and in particular, Defendant B was sentenced to a fine for the same kind of crime.

On the other hand, the defendant.

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