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(영문) 서울서부지방법원 2013.08.08 2013고단1158
게임산업진흥에관한법률위반
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No one shall conduct an act of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products as a business.

Nevertheless, the Defendant: (a) exchanged KRW 12,00 or KRW 120,00 in cash with KRW 120,000 or KRW 128,000 in cash and sold KRW 100,000 in total amount of KRW 34,591,591; (b) exchanged money with KRW 120,00 or KRW 128,000 or KRW 120,000 in cash with KRW 34,591; and (c) exchanged money with KRW 34,591; and (d) with KRW 120,00 or KRW 100 in cash with KRW 34,591; and (e) with KRW 1,298,1297; and (e) with KRW 100,000 in Korea with KRW 34,591; and (e) with KRW 1,298,1296 in Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect to the K;

1. The details of GFF transactions, and details of transactions with DF;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing of the latter part of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry is that the defendant takes profits from money exchange for a period of about one year in violation of the Act on the Promotion of Game Industry, such a crime is heavy.

The defendant asserts that expenses, etc. should be excluded from the proceeds in relation to collection, but in order to obtain criminal proceeds in addition to collection of criminal proceeds, expenses paid by the criminal shall be included.

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