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(영문) 광주지방법원 2017.03.30 2016고단5948
게임산업진흥에관한법률위반
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a youth game providing business under the trade name of the “C” gameland in the first floor of B building in South Asia.

A person who intends to engage in a business providing youth games shall file for registration with the competent authority, and no one shall engage in an act of exchanging or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

The Defendant, without registering with the competent authority from March 10, 2016 to April 28, 2016, set up 40 shower game machines in the above game room, and provided them for the use by customers who found the above game room, and exchanged them in cash by deducting 10% of commission points obtained by customers by using game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A decision on the classification of internal investigation reports (with regard to the verification as to whether a non-registered game is a place of games) and Category C game products;

1. 잠입 영상 켭쳐 사진 23 장, 현장사진, 증거분석자료 출력물( 게임 장 홍보물 안)

1. Application of respective existing Acts and subordinate statutes of subparagraphs 1 through 6 of this Article;

1. Relevant legal provisions concerning criminal facts, Article 45 Subparag. 2 of the former Game Industry Promotion Act (Amended by Act No. 14199, May 29, 2016); Article 26(2) of the former Act (Amended by Act No. 14199, May 29, 201); Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (which means exchange of results of game use); and each choice of imprisonment, respectively.

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. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area of crimes No. 1 [the scope of recommendations] and the basic area of crimes No. 2 (Exchange, Intermediation, Re-Purchase, and Re-Purchase) (6 months to June) including the provision of illegal game water.

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