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(영문) 울산지방법원 2012.11.09 2012고단2911
게임산업진흥에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A and B are operators of the F Gameland in Yangsan, and Defendant D are employees of the exchange market and Defendant C are employees of the game room.

Defendants 2012

5. From the Habman to June 13, 2012, no one exchanged the tangible and intangible results obtained through the use of a game, a person installed 60 game machine at that place and provided it to the majority of unspecified customers who find out the place, and had customers exchange the remainder after deducting 10% from the points obtained as a result of the game in cash as commission.

As a result, Defendants conspired to exchange points obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement in G, H, I, J, K, L, M, N, P, Q, R, T, T, or U

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry concerning criminal facts;

1. Defendant A, B: Each Defendant C, and D who choose a sentence to imprisonment: The choice of each fine (i.e., confession and the absence of any record of punishment for the same kind of crime);

1. Articles 70 and 69(2) of the Criminal Act (Defendant C, D) for detention in a workhouse;

1. Suspension of execution (the defendant A and B) Article 62 (1) of the Criminal Act (i.e., the confession or the fact that there is no record of punishment for the same crime);

1. Article 44 (2) of the Act on the Promotion of Game Industry and Article 48 (1) 1 of the Criminal Act (Defendant B, C, and D);

1. Article 44(2) of the Act on the Promotion of the Game Industry Act (hereinafter “Game Industry Act”) concerning the collection of a surcharge of KRW 600,00 ( KRW 40,000 x 15 (Evidence No. 390)) (hereinafter “the Game Industry Act”).

The purpose of collection under Articles 8 through 10 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment which are applied mutatis mutandis under Article 44 (3) is to deprive him of unlawful profits and prevent him from holding them.

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