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(영문) 서울동부지방법원 2017.04.20 2017고단237

게임산업진흥에관한법률위반등

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 the PC room in the name of “D” on the second floor of Seoul Songpa-gu Seoul Metropolitan Government Department Store B C.

1. Any person who intends to run the business of providing Internet computer game facilities shall be equipped with the facilities prescribed by the Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of Si/Gun/Gu;

Nevertheless, the Defendant, without registering with the competent authority from September 30, 2012 to August 1, 2016, run the Internet computer game facility business by installing 80 computer units in the above "D" of about 90 square meters and allowing an unspecified number of customers who found the computer to use the computer in return for payment.

2. No one shall engage in any activity falling under the business of manufacturing Internet computer game facilities in a school environment sanitation and cleanup zone;

Nevertheless, from September 30, 2012 to August 1, 2016, the Defendant operated the PC room as described in paragraph 1 in Songpa-gu Seoul, Seoul, a school environment sanitation cleanup zone, located in Songpa-gu Seoul, with 111m away from the F middle school located in Songpa-gu Seoul and 157m away from the H elementary school located in Songpa-gu Seoul, and operated the PC room in Seoul, a school environment sanitation cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A copy of the Statement J or K;

1. Request for the purification of a location map, evidence of closure of business, business registration certificate, or harmful business establishment;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 45 subparag. 2 and 26(2) of the Act on the Promotion of the Alternative Game Industry (hereafter referred to as “non-registered Internet computer game facility business”), Articles 19(2) and 6(1)16 of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016); and each choice of imprisonment with 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.