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(영문) 대구지방법원 2013.10.18 2013고단5112

게임산업진흥에관한법률위반

Text

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

Seized evidence 1 to 13 shall be confiscated.

Reasons

Criminal facts

No one shall provide for the distribution or use of game products which have not been classified for such purposes, display or keep such game products, and exchange, arrange for exchange or repurchase the tangible or intangible results obtained through the use of game products for business purposes.

1. The Defendant in collusion with C, from March 10, 201 to 17:30 on March 15, 2010, carried on the exchange business by providing 40 marine camping games, which were not rated in D, to unspecified customers for use, and deducting 10% of the score, which is the result of the said game, from the fee, in cash, the remaining points from which the Defendant obtained 10% of the score, which is the result of the said game, was deducted.

2. The Defendant in collusion with C, from April 14, 2010 to 18:10 on April 15, 2010, carried out money exchange business, in collusion with C, by providing 40 players with 40 marine camping games, which were not classified in Daegu-gu E, Seo-gu, for use by many unspecified customers, and by deducting 10% of the score, which is the result of the said game, as commission, from the remaining points in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. The police statement of H;

1. Statement of each reference witness of I, J, K, L, M, N, P, Q, R, and S;

1. Statement of seizure of each police;

1. Application of the details of violation photograph, and the Acts and subordinate statutes of lease contract;

1. Article applicable to criminal facts;

(a) point of exchanging results obtained through the use of each game product: Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act;

(b) Use and provision of game products not classified separately: Article 44 (1) 2 and Article 32 (1) 1 of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation.