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(영문) 서울북부지방법원 2016.11.11 2016고단3120

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a D representative who produces similar horse game products not classified by the Game Management Committee of Korea, “C”.

No one shall provide game products not classified by the Game Products Management Committee for the distribution or use thereof.

Nevertheless, around December 2014, the Defendant received deposit of KRW 10 million, monthly user fee of KRW 500,000,000 from G operating “F” on the Nam-gu, Busan, and the 1st underground floor, and supplied the said “C” game work to the said “F” by means of a server located in the site, and used for distribution or use.

Accordingly, the Defendant supplied the said G with a similar horse game product “C” that was not classified by the Game Management Committee via the server located in the place of the business, and the said G installed the said “C” in the said “F from June 2, 2015 to July 7, 2015, and installed in the screen and game machine (30 units), and entered one point per 100 won when the customers who found the said place receive money from the said G, into the game machine.

As a result, the Defendant provided game products that did not receive classification in collusion with the above G for distribution or use.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects of G;

1. Application of the Act and subordinate statutes as a result of appraisal and revolving (Evidence List 5);

1. Article 44 (1) 2 and Article 32 (1) 1 of the relevant Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing a sentence of alternative punishment [the scope of recommendation] : (a) there is no basic area (8 to one year and six months) (8 to one year) of the types 2 (ungraded and speculative game products, speculative gaming machines, online sports earth publishing system) and distribution of illegal game products / [the decision of sentence] [the defendant has a history of having been punished four times due to similar crimes; and (b) the Seoul Northern District Court has committed a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Seoul Northern District Court on August 8, 2014.