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(영문) 광주지방법원 목포지원 2014.03.14 2013고단1511
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

【2013 Highest 1895】 No person shall engage in business of exchanging or arranging exchange or repurchase tangible or intangible results obtained through the use of game products.

Nevertheless, on May 2013, Defendants and C operated an illegal game room in which Defendant A’s mutual exchange, etc. is called “E” in the name of Defendant D, 104 on the first half of May 2013, and C invested funds, such as purchase of a game machine. Defendant A managed the above game room in the above game room by coffee and tobacco smoke, etc., and Defendant B and F conspired to exchange the said game room in the above game room.

C and Defendant A: (a) from May 16, 2013 to June 27, 2013, 2013, 40 game machines in which game products referred to as “responding fishing” were installed in the said game site; and (b) had customers find the place thereof put in 1,00 won , 5,000 won , and 10,000 won , and had them play the game; and (c) in the said game, customers were released an item card if they move in the game.

Defendant

B and F exchanged an amount equivalent to KRW 9,000, which is an amount obtained by deducting 10% per item card obtained by customers using a game machine, in cash in the above-term game room.

As such, the Defendants conspired with C, F, etc. to exchange tangible and intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect C by the prosecution;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on site photographs of the face value of an illegal transshipment site, an item card in a game room, or a warrant of seizure;

1. Defendants of the relevant legal provisions and the choice of punishment concerning criminal facts: Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act and Article 30 of the Criminal Act (the punishment of imprisonment in the case of Defendant A and the fine in the case of Defendant B), respectively);

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act.

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