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(영문) 광주지방법원 2016.02.12 2016고단75

게임산업진흥에관한법률위반

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The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the "C" game in Gwangju Northern-gu B. From November 3, 2015 to December 24, 2015, the Defendant established a "monster game," which is an online game product, on the six computers located in the head of the pertinent game without the permission of the competent government office, from November 3, 2015 to December 24, 2015, and charged a large number of unspecified customers who found the said game with 10,000 won in cash, and caused them to carry out the said game, and had them receive 10,000 won in money remaining after the game, and received 10,000 won in money from the company operating the game product, and received 10% of the amount charged by all customers from the company operating the game product.

Accordingly, the defendant allowed customers to perform speculative acts using game water, and run an unauthorized general game providing business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a report on the detection-related investigation;

1. Entry of a registration certificate of the provider of Internet computer game facilities;

1. Application of Acts and subordinate statutes to entries in a reply letter as a result of appraisal of game products;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The fact that he/she has had a person perform speculative acts by using game water in its holding: Article 44 (1) 1 and subparagraph 2 of Article 28 of the Game Industry Promotion Act (the choice of imprisonment);

(b) Point of a general game providing business without permission holding: Article 45 subparagraph 2 of the Game Industry Promotion Act and Article 26 (1) of the same Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment within the scope of the sum of the maximum term of punishment prescribed for each crime as stated in the judgment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that the size of the game room is not large) of the suspended sentence;

1. Type 1 3 (Determination of Type 1) (Determination of the area of recommendation / Determination of the area of recommendation / [the scope of recommendation ] 8 months to 1 year and 6 months [the person subject to general sentencing] - Where the amount of actual profits of mitigation elements is minor;

2. The second offence.