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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1484
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a game hall in Asan City B and the first floor commercial buildings.

1. No person who violates the Game Industry Promotion Act due to the provision of game products classified as a result of the use of game products shall provide game products for the distribution or use, or display or store such products for such purposes;

From May 2018 to May 19:10, 2018, the Defendant provided five string of unspecified customers with five strings, which had not been rated in the above game.

2. No person who violates the Act on the Promotion of the Game Industry due to exchange of game products with results of using such game products shall engage in the business of exchanging, arranging such exchange or repurchase of tangible or intangible results obtained through the use of game products;

From May 2, 2018 to May 19, 2018, from May 29, 2018 to May 29, 2018, the Defendant installed five (5) strawers game machine and two (2) strawers in the above game in the above game, provided them for the use by an unspecified number of customers, and exchanged the results obtained through the use of the game by calculating the points obtained through the game as KRW 20,00 per 1,00 and paying in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 (a) of the Act on the Promotion of Alternative Game Industry (a point where water is used and provided for classified games), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (a point where money is exchanged as a result of using game products), and each choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 crime (a decision of type);

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