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(영문) 의정부지방법원 고양지원 2020.04.02 2019고정732
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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.

The Defendant, in operating a game room in B and B in the name of "C" on the second floor, provided 0.2's game machine in 2018 to customers who find out 60 '0.2' game machine in the above game room. D manages the account room in the above game room, and E, when there is a customer requesting a exchange of game score, provided that D and E exchange the points of customers by delivering money exchanged through other customers in the room.

D. On April 5, 2018, at around 15:50 on April 5, 2018, E, upon the Defendant’s instruction, obtained from the game machine from the customer F in the above game room and deducted approximately 10% of the points accumulated in the ICT card, and provided the said customer G through other customer G who neglected to pay 14,000 won in cash.

Accordingly, the defendant, in collusion with D and E, exchanged results obtained through game products.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statements made by witnesses D in part of the second trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of examination of a partial prosecutorial suspect regarding D and E;

1. A report on internal investigation (related to video images before exchange);

1. Records of seizure and the list of seizure;

1. On-site screen pictures and tape-recordings;

1. Application of Acts and subordinate statutes to computer monitoring photographs;

1. Relevant legal provisions concerning criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of and Promotion of the Game Industry, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. As to the assertion by the defendant and his defense counsel under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act.

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