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(영문) 부산지방법원 2016.04.26 2016고단1092
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

The evidence seized as referred to in subparagraphs 1 through 14 shall be confiscated respectively from the accused.

Reasons

Punishment of the crime

The defendant from February 3, 2016 to the same year.

3. From July 18:00 to July 18:00, in the “E” Game Chapter of the Defendant’s operation in Busan-gu, Busan-do, “E” which was classified by the Game Water Management Committee, a total of 40 types of the two types of games, such as the game machine 20 units, and the sea “the game machine 20 units,” which were classified by the Game Water Management Committee, installed a total of 40 units of the two types of games, such as the game machine 20 units, and if the games request a mountain, the Defendant or the employee verified the scores from the game machine, entered them in a series, and sent them to the employee F in waiting outside

He deducted 10% of the commission fee and exchanged the score obtained from the game in cash.

Accordingly, the defendant was engaged in exchanging tangible and intangible results obtained through the use of game water as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Investigative reports (fluoring, etc. of money exchange videos), investigative reports, investigation reports (fluoring of written customers), and investigation reports (e.g., details of seizure of seized articles);

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 the Alternative Game Industry, and Selection of imprisonment with prison labor;

1. The main sentence of Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. Grounds for sentencing under the latter part of Article 44 (2) of the Act on the Promotion of Additional Collection and Game Industry;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria [Determination of types of crime] There is no two types (business of exchanging, arranging exchange, and re-purchaseing) (business of exchanging, arranging exchange, and buying illegal games) [the scope of recommended punishment] basic area, six months to one year and six months.

3. The crimes related to the business of illegal game centers that are disadvantageous to the decision-making of sentence are committed by encouraging the citizens to have an excessive spirit of gambling, and thus undermining the awareness of sound labor, and are not eradicated despite continuous control.

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