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청주지방법원 2019.10.10 2019고단1477

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

A is a business owner who operated a mutual game hall of "D" on the first floor of Heak-gu Seoul Metropolitan City, Cheongju-si, and Defendant B is an employee in charge of the management and exchange of the above game hall.

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

Nevertheless, from October 15, 2018 to November 22, 2018, the Defendants: (a) installed 50 games in the above “D” game room from around October 15, 2018 to around November 22, 2018; (b) put them into the game machine; (c) put them into the IC card that allows unspecified multiple customers, who found the same, to store points, which are intangible results obtained through the game,; and (d) put them into the game machine, exchange the IC card in which the points are stored, which was obtained by deducting 10% from the amount calculated as 5,000 won per point of points, to customers.

As a result, the Defendants conspired to exchange tangible and intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. A protocol concerning the suspect examination of the defendant B;

1. Statement of the police statement of E;

1. Each internal report (for the contents of visual recording, on-site verification of game rooms);

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

1. Defendants of relevant criminal facts: Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of respective Game Industry; Article 30 of the Criminal Act; and each choice of imprisonment with prison labor

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

1. Defendants on probation: Article 62-2 of the Criminal Act;

1. Defendant A: The fact that the grounds for sentencing under Article 48(1) of the Criminal Act recognize all the Defendants as a crime and mistakenly reflects the Defendants’ age, character and conduct, the background leading to the instant crime, the size, business period, and the status of the Defendants.