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(영문) 창원지방법원 2012.11.23 2012고단2337

게임산업진흥에관한법률위반

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1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide a game product for distribution or use, or display or keep it for that purpose, and no one shall exchange or arrange the exchange of tangible or intangible results obtained through the use of the game product from March 3, 2012. However, the Defendant provided three game products of “C” office in Changwon-si from March 3, 2012 to February 28, 2012, which did not receive a rating, with three game products of “C” without a rating, and provided them for use by accessing the Internet site of “D” without a rating, using VPN08, which is a bypass program, and then provided them with a ID and password created in advance, and the gift certificates, which are the result of “Yeto” game, which are the result of 5,000 gift certificates of 5,00 won gift certificates of 4,000 won per 20,000 won, and deducted 10% of the fee to customers as the result of cash exchange per 20% of the game.

Summary of Evidence

1. Defendant's legal statement;

2. A written statement of E, F and G preparation;

3. Records of seizure and the list of seizure;

4. Application of statutes on site photographs.

1. Relevant legal provisions of facts constituting an offense, Articles 44 (1) 2, 32 (1) 1 (the point of providing an ungrade game product) of the Act on the Promotion of the Alternative Game Industry (the point of providing an ungrade game product), Articles 44 (1) 2, 32 (1) 7, and 32 (1) 7 of the same Act, and the choice of imprisonment with prison labor;

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

3. Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for suspended sentence”)

4. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Reasons for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act.