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(영문) 서울북부지방법원 2014.05.16 2014고단682
게임산업진흥에관한법률위반
Text

Defendant

In six months of imprisonment for A and B, Defendant C shall be punished by a fine of KRW 2,00,00, and Defendant D shall be punished by a fine of KRW 700,00.

Reasons

Punishment of the crime

No one shall exchange any tangible or intangible outcome obtained through the use of a game.

Nevertheless, from November 4, 2013 to November 21, 2013, Defendant A: (a) installed 40 game rooms on the second floor of the building E in Dongdaemun-gu Seoul, Dongdaemun-gu; and (b) operated the game room, Defendant A opened 40 game machine, and let customers play the game using the above points, one point per won is accumulated when they put into the game machine; and (c) made customers play the game using the above points after deducting 10% from the item card, which is 5,000 points obtained by customers, and converted 4,500 won per item item, and Defendant B managed the game room as the head of the business of the above game room; and (d) exchanged Defendant C took charge of the duties of filling up the card in the game machine or making customers feel in the game machine.

As a result, the Defendants conspired (Defendant D from November 7, 2013 to November 21, 2013) and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Protocol of the police statement concerning G;

1. Each statement of H, I, J, K, L, M, N,O, P, and Q;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions concerning criminal facts under Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of Game Industry, and Article 30 of the Criminal Act (Selection of Imprisonment with prison labor for Defendants A and B, and Selection of fines for Defendants C and D);

1. Articles 70 and 69(2) of the Criminal Act for detention in a workhouse (with respect to the defendant C and D);

1. Article 62 (1) of the Criminal Code provides that the above defendants are able to repent their mistakes in depth, the method and scale of business, and the period of the suspension of execution (defendant A and B) and the defendants are not subject to punishment for the same kind of crime.

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