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(영문) 인천지방법원 2016.01.15 2015고정3459

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute or use game water different from the details rated by the Game Water Management Committee, and no one shall exchange or arrange for exchange or re-purchase of tangible or intangible results obtained through the use of game water.

From the end of December 2014 to September 8, 2015, the Defendant installed a “C” game operated by the Defendant located in Namdong-gu Incheon Metropolitan City, and “A” game in nine computers. On the basis of the contents rated as the class for customers who visited the said business, the Defendant sent the said business to the non-real name account that was already created without going through the real name certification on the screen, and exchanged the game money (al) directly to customers, and after accessing the Internet manager’s page, exchanged the game money (al) acquired by the customers through the use of the said game water.

As a result, the defendant provided game water to use contents different from those rated by the game water management committee, and exchanged tangible and intangible results obtained through the use of game water for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of statutes on game explanation;

1. Subparagraph 4 of Article 45 of the relevant Act on the Promotion of Game Industry and Article 32 (1) 2 of the same Act (the point of providing game water with the content of the rating and the selection of fines), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point of exchanging the result and the selection of fines) concerning criminal facts;

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

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

1. Article 44 (2) of the Confiscation Industry Promotion Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.