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(영문) 창원지방법원 마산지원 2016.03.30 2016고단125

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a mutual game forum called "C" in Changwon-si Mucompo-gu B.

No one shall provide game water different from the rated game water for the use thereof, and no one shall exchange, arrange for exchange or repurchase the intangible results obtained through the use of the game water for a business.

However, from August 10, 2015 to December 15:00, 2015, the Defendant installed a game product, such as Montreal master, Montreal master, and Montreal master, which are different contents from the game product rated in five computers in the above game room, and provided it to unspecified customers who found the game, and provided it to them for use. The Defendant exchanged 10,000 won in cash, based on the result of the use of the game product by customers, based on 10,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and list of seizure prepared by the police;

1. Investigation report (as to the suspicion of violating the grading classification);

1. A report on investigation (Attachment to photographs), an on-site photograph attached thereto, etc.;

1. Registration certificate of the provider of Internet computer game facilities;

1. Application of Acts and subordinate statutes on response as a result of appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 45 subparag. 4 and 32(1)2 (the provision of game water different from the rated game water) concerning criminal facts, Articles 44(1)2 and 32(1)7 (the provision of water exchanged as a result of a business) of the Game Industry Promotion Act, and each choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. A crime for sentencing under the former part of Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act / [the scope of the recommended punishment / [the scope of the recommended punishment / [the business of re-purchasing in advance of conversion)] of the basic area (six months to one year and six months] (the person who is subject to special sentencing] of Article 44(2) of the same Act.