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(영문) 대구지방법원 경주지원 2017.05.24 2016고단761
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three 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 without a signboard in 202 from the second floor of C commercial building at the time of racing, and D is an employee of the above game room.

The defendant from January 17, 2016 to the same year.

2. By September 2, 200, 30 games for the “Maoglebuk” game, which did not receive the rating in the above game, have unspecified customers put 10,00 won in and use them in the game machine, and the above D exchanged in cash the remaining amount after deducting the fee of 10% from the points obtained to customers.

As a result, the Defendants conspired to offer game water and exchange it for use.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the Acts and subordinate statutes regarding seizure records, list of seizure, photographs, copy of lease contract, and replys as a result of appraisal;

1. Relevant legal provisions concerning criminal facts, and Articles 44 (1) 2, 32 (1) 1 (the point of providing water in the non-class game, the choice of imprisonment), and Articles 44 (1) 2 and 32 (1) 7 (the occupation of water exchange business, the choice of imprisonment with labor) of the Game Industry Promotion Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The former part of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 of the Criminal Act;

1. Reasons for sentencing only after Article 44 (2) of the Act on the Promotion of Additional Collection and Game Industry;

1. Application of the sentencing criteria;

(a) The basic area (from August to June) of the No. 3 types of illegal game water use and provision (the scope of recommended sentences).

(b) The point of the money exchange business as a result of the work [the scope of recommendations and sentence] the basic area (6 months to 1 year and 6 months) of the two types (the money exchange brokerage, re-purchase business) including the provision of illegal games water use.

(c) Scope of modified sentence of recommendation: August to February; and

2. The decision of sentence against the defendant; and

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