(영문) 인천지방법원 2008.11.24.선고 2008고정4959 판결

Defendant shall be punished by a fine of 5,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

In collusion with the Defendant 00, 000, the Defendant did not engage in an act of exchanging or arranging the exchange or re-purchase of tangible and intangible results obtained through the use of a game product for business purposes. However, around April 2, 2008, the Defendant had connected the Internet with four computers installed within the Nam-gu Incheon Metropolitan City ○○○○ Port Lease 5 ○○○○○○○○○○, and connected the Internet, and operated the Internet www www457com (00), operated the Internet site www.h457.com (00) with the above ○○○○○’s new bank account (00-000-0000), 100, 100, 100, 100, 100, 106, 70, 706, 50, 106, 500, 106, 506, 1067, 500, 1067, 5000, 1506,0000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the defendant, ○○○, and ○○○;

1. A detailed statement of transactions in each passbook;

1. Application of Acts and subordinate statutes on screen pictures following a site closure;

1. Article applicable to criminal facts;

Articles 44(1)2 and 32(1)7 of the Act on the Promotion of respective Game Industry; Article 30 of the Criminal Act (Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;