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.

Punishment of the crime

No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products.

From July 4, 2018 to December 4, 2018, the Defendant established 64 game machine “B” in the trade name of “D” in the Yeonsu-gu Incheon Metropolitan City B building C, and operated the game room. The Defendant was engaged in an act of exchanging tangible and intangible results acquired through the use of game products by deducting 10% of the game money acquired after the game was put into money in cash by making cash exchange.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a analysis of dynamic image data and the closure of a photograph), investigation report (a business report in the D Gameland and verification of the history of modification);

1. Application of Acts and subordinate statutes, such as a photograph of a money exchange image;

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

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act and Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for illegal game products: Provision for the use, etc. of illegal game products [Type 2]: Money exchange, money exchange, good offices, and repurchase business [the scope of recommendation field and recommendation range]; the basic area of recommendation [the scope of recommendation field and recommendation range]; six months through one year and six months;

3. A business that is able to know in the amount of seized cash, the quantity of game products, etc. in light of social harm in relation to a violation of the Game Industry Promotion Act, which enables many, unspecified general people to have a speculative spirit and impedes the awareness of sound labor; and