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(영문) 서울북부지방법원 2014.09.19 2014고단2161
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates a game room with no trade name on the first floor of the Cmomoel underground in Dongdaemun-gu Seoul Metropolitan Government, and the defendant D is a person who worked in the above game room as an employee.

피고인은 2013. 12. 1.경부터 2013. 12. 8. 20:50경까지 위 게임장에서 등급분류를 받지 아니한 ‘바다이야기’ 게임기 40대, ‘야마토’ 게임기 20대, ‘오션파라다이스’ 게임기 10대를 설치하고 종업원으로 D 등을 고용하고 손님들을 게임장으로 데려올 수 있는 속칭 ‘깜깜이 차량’을 준비하고, 피고인은 손님 심부름 및 출입 관리 등의 역할을 담당하였다.

The defendant and D paid a charge card for games to customers such as E, etc. who found the place, and let customers play games such as the ocean-bating, etc. using the above card, and exchanged the remainder after deducting 10% from the points obtained by the customers.

As a result, the defendant and D provided ungraded game products in collusion for use, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or D;

1. Statement by the prosecution concerning D;

1. Statement of the police statement concerning F;

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant Articles 44 (1) 2, 32 (1) 1 and 7 of the Act on the Promotion of Game Industry, and Article 30 of the Criminal Act concerning facts constituting a crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant repents his/her wrong and the criminal defendant has no record of criminal punishment, in addition to the punishment of one fine due to the crime of gambling, etc.);

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

1. Article 44 of the Confiscation Industry Promotion Act;

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