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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
The Defendant is a person who operates a game hall with the trade name “C Gameland” in Asan City B.
No one shall make a business exchange, exchange, arrange for exchange or repurchase of tangible or intangible results obtained through the use of game water.
그럼에도 불구하고 피고인은 2017. 10. 중순경부터 2017. 12. 19. 경까지 위 게임 장에 ‘ 동양’, ‘ 동 퐁 포커’, ‘ 씨 드래곤’, ‘ 라 스토 손’ 등 게임기 80대를 설치하여 그곳을 찾는 불특정 손님들에게 제공한 후 손님들이 게임을 통해 획득한 점수를 1만 포인트 당 1만 원으로 계산하여 환전 수수료 명목으로 10%를 공제한 나머지 금액을 현금으로 지급해 주는 방법으로 환전해 줌으로써 게임 물의 이용을 통하여 획득한 결과물을 환전하는 영업을 하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Some statements made concerning D concerning the examination of suspects by the prosecution;
1. Some statements made in the police interrogation protocol concerning E;
1. Statement made by the police with regard to F;
1. Police seizure records;
1. Application of statutes on permission for the business of producing general games;
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. The crime of this case for the reason of sentencing under Article 44(2) of the Game Industry Promotion Act, Article 48(1) of the Criminal Act is that the promotion of the game industry, the establishment of a healthy game culture of the people, and the encouragement of speculative acts, etc. in light of the size of the business of the game room in its holding, etc. The crime of this case is not less complicated than that of the crime in light of the quality of the crime in its holding. Meanwhile, the defendant confessions and reflects the crime in this case, the period of the business of the defendant does not extend, the defendant does not have the power to be punished for the same crime, and the defendant does not have the power to be punished for the same