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(영문) 울산지방법원 2014.07.17 2014고단1108

게임산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

[criminal record] On November 3, 2005, the defendant was sentenced to a summary order of one million won for a violation of the Sound Records, Video Products and Game Software Act, a fine of two million won for the same crime in the same court on March 21, 2006, and a summary order of three million won for the same crime in the same court on April 5, 2006, respectively. On January 2, 2008, the same court was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act.

【Criminal Facts】

The Defendant, as an owner of the business operating “C Gameland” in Ulsan-gu B, the Defendant, from December 9, 2013 to January 13, 2014, installed 20 game season 10, and operated a 200 Formula 10 game machine in the above game in the above game site, and operated a business.

위 각 게임기들은 이용자가 지폐투입구에 지폐를 투입한 다음, 시작버튼을 누른 후 이용자의 조작을 통하여 각 단계별로 정하여져 있는 미션을 완수하면 다음 단계의 게임이 진행되고, 이용자의 조작이 배제된 자동진행장치(일명 똑딱이)를 사용하면 단 1회도 게임의 결과 및 목적 달성이 되지 않는 게임기들이다.

Nevertheless, the defendant lent the automatic system to the user so that the automatic game is automatically run even if the user does not take the beginning pressing, and if the game is entered a certain section regardless of the user's ability, the defendant allowed many and unspecified customers to find out the game contents of which the contents of the game with the continuous discharge of free gifts are altered.

As a result, the defendant provided game machine with contents different from the classification.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Each photograph;

1. Each investigation report and each report on the results of appraisal;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to the same type of crimes, etc.), each summary order, and application of statutes governing the judgment;

1. Relevant provisions concerning facts constituting an offense;