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(영문) 대구지방법원 2014.03.27 2013고단6996
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

From September 12, 2013 to September 14:30, 2013, the Defendant provided 49 game products without the classification of plastic chips from around 12, 2013 to around 23, 2013 to customers for use, and carried out the exchange of results obtained through the use of game products by providing customers with game products with 4,50 won, deducting 10% of the commission per plastic chips acquired by them, if the pictures, such as fish, flaz, flaz, flaz, and flap, appear on the screen.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Responses with the results of appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (as regards the attachment of photographs at the control site);

1. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1 ( point of providing game products not rated), 44 (1) 2, and 32 (1) 7 ( point of exchanging game products as a result of the game industry) of the Act on the Promotion of the Game Industry, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under the former part of Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion is deemed to encourage the people’s spirit of gambling and undermining their sound will to work, and the nature of the crime is bad. Since such crime has not been eradicated even in the continuous crackdown, it is recognized as a reason for sentencing unfavorable to the defendant.

However, the defendant is divided into his mistake, and the period of the crime remains less than 10 days, and it seems that there are no profits gained thereby, but the game machine and cash amounting to 9 million won.

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