beta
(영문) 서울중앙지방법원 2018.05.18 2018고정986

게임산업진흥에관한법률위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to run a juvenile game providing business in violation of the Game Industry Promotion Act shall be equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu;

Nevertheless, from September 2017 to December 8 of the same year, the Defendant installed one game machine of “Lve Pusphus Push” on the front side of the “C Must” in Jung-gu Seoul, Jung-gu, Seoul, and allowed an unspecified number of people to play a game by inserting KRW 1,000 on a one-time basis.

Accordingly, the defendant did not register with the head of the Gu and run the juvenile game providing business.

2. No person who violates the Educational Environment Protection Act shall conduct any act or install any facility prohibited in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, the Defendant engaged in the juvenile game business from E high schools located in Jung-gu Seoul Metropolitan Government D, which are located in the educational environment protection zone in the day-to-day border as described in paragraph (1) of paragraph 1, such as the entry in paragraph 1(a) on the front day of approximately 155 meters away from E high schools located in Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of F and G;

1. An explanatory note;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Subparagraph 2 of Article 45 of the relevant Act on the Promotion of the Game Industry Act and Article 26 (2) of the same Act on criminal facts (the occupation of the business providing juveniles without registration) and Article 16 (1) and subparagraph 19 of Article 9 of the Act on the Protection of Educational Environment (the occupation of the business providing games in educational environment protection zones);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;