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It is not uncommon to find modded handheld consoles with preinstalled games. However, a 58-year-old man from Japan’s Ibaraki Prefecture ran out of luck and was arrested for selling modded Switch consoles with preinstalled games. The arrest is believed to be the first of its kind in Japan.

Nintendo Switch

As reported by NTV News, the man was arrested on the suspicion that he had violated the country’s Trademark Act. The culprit identified as Fumihiro Otobe is a transportation worker from Ryugasaki City.

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He was accused of obtaining second-hand Switch consoles and attaching modified parts to their circuit boards. He sold a unit of the modded Switch console online for ¥28,000 ($179). Otobe was also accused of preinstalling 27 pirated games in the modded Switch console.

According to the original report, the culprit has admitted the charges saying, “I was curious to know whether people would think I was great if I sold modified consoles”.

Although Otobe is the first reported culprit to be arrested in Japan for selling modded Switch consoles, he is not the first to face the same fate globally. Several cases have been reported in North America.

The most notable arrest was Gary Bowser who was later handed a 40-month prison sentence for playing a similar role. Bowser was part of a hacking group called Team-Xecuter which started creating and selling devices that allowed users to play illegal ROMs on consoles, including 3DS and Switch.

The United States government said Team-Xecuter generated tens of millions of dollars through their criminal enterprise. The group’s sales revenue led to losses of over $150 million to the affected companies.

Last year, Nintendo’s crackdown led to the shuttering of several emulator makers which the Japanese company said aided piracy on a large scale. Yuzu and Ryujinx emulators were both shut down in the crackdown. However, it doesn’t seem these pockets of arrests have been enough to deter future perpetrators.