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(영문) 인천지방법원 2018.08.17 2018고단4617
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 engage in the business of converting into money or arranging exchange or re-purchase of tangible or intangible results obtained through the use of game water.

Nevertheless, on December 22, 2017, from March 31, 2018 to March 31, 2018, the Defendant opened a total of 50 game instruments, such as “Drance of the Kakao”, and allowed many unspecified customers to play a game, and decided to engage in money exchange, excluding 10% of the result of the game as commission.

On March 31, 2018, the Defendant: (a) calculated 10,000 points per 10,000 points per banking line in the game machine acquired from the game in the above game room on March 31, 2018; and (b) deducted 10% of a commission from cash to the customer F who obtained 200,000 points; and (c) exchanged 180,000 won, etc. on December 22, 2017 to March 31, 2018, the Defendant engaged in business of exchanging or arranging exchange or re-purchase of tangible and intangible results acquired through the use of the game product in the above game room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

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

1. Police seizure records and list of seizure;

1. A report on internal investigation (Attachment to a report on non-control in the E Gameland), each investigation report (Attachment to data on dynamics and photographs for ruptures, the date and time of crimes, and reporting on the calculation of additional collection charges);

1. Application of a control report, a closure photograph of money exchange image, and statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 44 (2) (former part) (Evidence No. 1 through 5) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 (Evidence No. 6 and 7) of the Criminal Act;

1. Article 44 of the Act on the Promotion of Additional Collection of Stocks;

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