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(영문) 대구지방법원 2017.11.22 2017고단5235
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall obstruct the distribution order of game products by exchanging or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game products, or by engaging in any other business.

From September 5, 2015 to April 4, 2017, the Defendant posted an advertisement to the effect that “to exchange an item with an item by a small amount settlement method,” on the bulletin board of the game item transaction site,” at the Defendant’s residence located in Daegu-gu B or 301, Daegu-gu, 2017, the Defendant: (a) induced the buyer who visited the buyer to purchase the item of the game used for the NAN online game in the old language display, stop, etc.; (b) wired the amount corresponding thereto to the above buyer; and (c) simultaneously transferred it to the said buyer; and (d) simultaneously received the game by intentionally accessing the above NAN and password with the above NAN to the NAN online game site, and (e) had the purchaser receive the total amount of money from the 5th day of selling the game item through the 97th day of selling the item in the form of [Attachment 5] 97,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to D;

1. Protocols of police seizure and list of seizure;

1. Each reply to a seizure warrant;

1. Application of Acts and subordinate statutes to investigation reports (specific criminal proceeds and amounts collected);

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

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

1. Article 44 (2) of the Confiscation Industry Promotion Act;

1. Reasons for sentencing of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry [the scope of recommendations].

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