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(영문) 수원지방법원 2017.09.08 2017노935
게임산업진흥에관한법률위반
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant A’s punishment (one year and six months of imprisonment) is too unreasonable.

B. According to the records of the Defendants’ joint crimes, the statements made by the AU’s investigative agency, and the process of the instant exchange, etc., the Defendants could sufficiently recognize the fact that the Defendants arranged the exchange and neglected the speculative acts.

B) According to Defendant A’s sole crime part of the instant game, the fact that the Defendant provided ungraded game water is sufficiently recognized in light of the following: (a) the process in which customers performed the instant game; (b) the establishment and implementation of the said game; and (c) the difference with the general game in the old writing flass of the settlement process.

2) The lower court’s sentence against Defendant A, who was unfair in sentencing, is too unhued and unfair.

2. As to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant A is a person who provides Internet computer game facilities in the name of “XPC room” on the third floor of the building located in Suwon-si W, Suwon-si, and Defendant AS works as an employee from “XPC room.”

1) No one who commits a joint crime by the Defendants shall engage in an act of exchanging, exchanging, arranging for exchange or re-purchase of tangible and intangible results obtained through the use of game water, and no game water-related business entity shall allow others to engage in gambling or other speculative acts by using game water, or neglect to allow them to do so.

Defendant

A From the beginning of December 2014 to December 17:50, 2014, from the beginning of December 31, 2014 to the beginning of December 31, 2014, the said “XPC” was established, and Defendant AS was employed as an employee of the said establishment on December 2, 2014, and sold pre-paid cards equivalent to the amount paid by customers if many unspecified customers visit the said establishment, and the customers acquired points through the use of the pre-paid game.

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