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(영문) 춘천지방법원 속초지원 2020.02.19 2019고단152

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “C Game Place” on the Gangwon Yangyang-gun B and the first floor.

No one shall provide game products with the contents different from those of the game products rated by the Game Products Management Committee, or engage in business of exchanging tangible or intangible results obtained through the use of the game products.

Nevertheless, from January 7, 2019 to March 30, 2019, the Defendant, unlike the contents of the rating given by the Game Management Committee at the said C Game site, set up 40 game machine “D” game machine (No. 2) with a change in the number of the establishment of a specific pressing in the game site, and changed the number of the establishment of a screen so that points can be acquired according to the said number, provided customers for use, and made customers play a game using the game machine, and made customers play a business by exchanging in cash the amount calculated by converting the points obtained by the customers, less than 10% of the fee.

As a result, the defendant provided game products other than the game products classified for use, and conducted a business of exchanging tangible and intangible results acquired through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Returns on game products' results of appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45, and Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (the point of providing game products, the contents of which are different from those of the game products rated), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act, and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48(1)1 of the Criminal Act