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(영문) 인천지방법원 2018.07.12 2018고단3417
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four 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

No one shall engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

The Defendant operated the “C” PC room located in Yeonsu-gu Incheon, and, from January 4, 2018 to March 9, 2018, operated a business of exchanging points obtained through the use of the game product in cash by allowing many unspecified customers to use the “lic game” room, which is a game product, in the above PC room, from around January 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Attaching;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 44(2) of the Game Industry Promotion Act / [the scope of recommending punishment / [the scope of recommending punishment / [the business of arranging exchange, arranging exchange, and re-purchasing illegal games] in the basic field (6 months to 1 year and 6 months] [no person subject to special sentencing] [decision of sentencing] / The illegal business such as the crime of this case is detrimental to the people's awareness of sound labor, and it is necessary to strictly punish such illegal business as the crime of this case because it does not interfere with the people's awareness of sound labor, and it is not eradicated despite continuous control.

However, considering the fact that the defendant is the first offender, the fact that his mistake is divided, etc. in favor of the defendant, the period and scale of the game room operation, the age, sexual conduct, environment, motive, means, consequence, etc. of the crime, all of the sentencing factors specified in the arguments in this case, such as the game room operation period and size, the defendant's age, sexual conduct, environment, motive, means, result, etc., shall be considered, and the decision

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