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(영문) 제주지방법원 2018.11.28 2018고단703
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates a C Game Chapter in Jeju.

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, from April 1, 2017 to April 19, 2017, the Defendant established 50 game machine “Moki” game in the above game room and operated the game room business. If an unspecified number of customers paid points obtained through the use of the game water as a paper coophone, and if an exchange is requested, the Defendant exchanged them in cash at 4,500 won, excluding 10% of commission per full score.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of documentary evidence for C Game heads;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and 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 and Article 48 (1) 1 of the Criminal Act;

1. The basic area (six months to one year and six months), the scope of the recommended punishment according to the sentencing guidelines, provision for the use of illegal games, etc.;

2. The criminal defendant who was sentenced to a suspended sentence of imprisonment for the same kind of crime is found guilty of repeating the crime even though he had the record of suspended sentence;

The scale of business has not been small, and illegal money exchange business has continued to be illegal money exchange business while avoiding regulation several times.

However, considering the fact that the above previous conviction was around 2009 and that there was no record of criminal punishment since 2010, the punishment is determined as ordered by taking into account all other circumstances, such as the defendant's age, environment, and circumstances after the crime.

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