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(영문) 서울서부지방법원 2015.05.27 2015고단582

게임산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

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, or exchange, arrange for exchange or repurchase the tangible or intangible results obtained through the use of the game products for business purposes.

On October 27, 2014, from around 20:10 to around 20:10 of the same month, the Defendant opened a game room by inserting the same character or number in the use of the game by inserting the PC to KRW 302, 24,000,000,000, in which the PC 24, which had not been rated, was installed, and the PC 24,000,000,000, in which the PC was installed, and then, the Defendant provided the said e-mail game to unspecified customers, and provided them with the same character or number in the use of the game. If customers request the exchange of points accumulated by customers, the Defendant accumulated the corresponding points and paid them in cash calculated at 10,000 points per 1,000 points.

As a result, the defendant provided unclassified game products for distribution or use, and exchanged tangible and intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to control game rooms;

1. Relevant Article of facts constituting a crime, Articles 44 (1) 2 and 32 (1) 1 (the point of providing game products not rated) of the Act on the Promotion of the Game Industry, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry and the Selection of Imprisonment;

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

1. Article 62(1) of the Act on the Suspension of Execution recognizes his mistake and repents, the period of running the game room is relatively short, and the defendant has no record of criminal punishment for the same crime, and criminal punishment exceeding a fine.