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(영문) 부산지방법원 서부지원 2018.10.10 2018고단1113
게임산업진흥에관한법률위반방조
Text

A defendant shall be punished by imprisonment for 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

From November 2017 to February 2, 2018, the Defendant: (a) provided, “F Gameland” operated by E on the Do and 1st floor of Busan Northern District; (b) provided, “NEX JIN”, “NT JIN”, “YY 2”, and “YY 2” game in which many and unspecified customers work as employees and provided a game in a manner that sets aside a specific character where the point is set aside; and (c) provided, the Defendant provided a game with a card on which customers request money exchange and confirmed the points on which the points acquired are set aside; and (d) provided, the Defendant provided information on the operation of the E game site by providing information on the remaining amount after deducting 10% of the commission for money exchange in cash exchange by converting the number of customers into 5,00 won per point.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning E statements made to the defendant in the protocol of interrogation of the suspect (two times) to the prosecution;

1. Statement made by the police against anonymous;

1. Each investigation report, dynamic image extracted water, in the F Gameland, outside and exchange video CDs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, and Article 32 (1) of the Criminal Act (the choice of imprisonment with labor);

1. Article 32 (2) and Article 55 (1) 3 (Accessories) of the Criminal Act mitigated by Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime related to the operation of illegal game room for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for such crimes as encouraging the general public’s gambling spirit and failure of home economy, etc. A disadvantageous circumstances, such as the fact that the degree of Defendant’s participation in the instant crime is not easy among the employees, and that the Defendant recognized the instant crime, and the Defendant is in depth divided. The Defendant was merely an employee who attempted the operation of the illegal game room for the sake of unemployment, and was the first offender.

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