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(영문) 인천지방법원 2012.07.19 2011고단6587

게임산업진흥에관한법률위반

Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

However, with respect to Defendant B, the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall provide game products, the contents of which are different from those of the game products classified, for the distribution or use, or exhibit or keep them for such purposes.

Defendant

B On May 2010, it entered the so-called "F" game program that can function automatically, unlike the contents of the "F" game classified in the "F" game in the Nam-gu Incheon, Nam-gu E Games.

As a result, Defendant B distributed game products different from the classified game products.

Summary of Evidence

1. Defendant B’s legal statement

1. Defendant B’s statement in the first trial record;

1. Each legal statement of witness G and H;

1. Each prosecutor's interrogation protocol concerning Defendant B and G;

1. The police suspect interrogation protocol of H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 45 of the relevant Act on Criminal Facts and Article 45 subparagraph 4 of the former Game Industry Promotion Act (amended by Act No. 10219, Mar. 31, 2010) and Article 32 (1) 2 of the same Act on the Selection of Punishment of Imprisonment;

1. The portion not guilty under Article 62(1) of the Criminal Act (the confession that the defendant B led to a crime, the defendant B did not have the same criminal record, and other circumstances and conditions of sentencing as shown in the argument of this case)

1. The summary of the facts charged against Defendant A is a person engaged in the production and distribution business of “J” and “F” game machine under the trade name of “I”.

No one shall provide game products, the contents of which are different from those of the game products classified, for the distribution or use, or exhibit or keep them for such purposes.

A. Defendant A’s sole crime (1) transferred KRW 14 million from K on December 17, 2009 and sold “J” game machine 40, and around that time, Defendant A entered the so-called “J” game program with automatic progress function and so-called business operation function which can be performed, unlike the contents of the “J” game as classified by the said K’s instant game machine.