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(영문) 창원지방법원 2015.09.23 2015고단1986

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 3 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On January 27, 2015, the Defendant: (a) received KRW 1,240,00 from F operating the “E” located in Kimhae-si D to the account in the name of a national bank in the name of G, a parent of the Defendant; and (b) sold two game products of Monland (e.g., cancellation of rating on September 4, 2014) that did not receive any grade, to F.

From the beginning of February 2014 to April 7, 2015, the Defendant distributed illegal game products by selling “Monland”, which was a game product without being classified as indicated in the attached list of crimes, or different from the content of the rating, to H, Guang-ju, etc., a seller of illegal game products in the area south, as well as H, Guang-ju, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol and statement by the prosecution concerning H;

1. F’s statement, I’s statement, police interrogation protocol against J;

1. Photographss, data on the details of accounts of H, details of each account, closure of a Blog screen, closure of the screen of the rating classification of the Game Products Management Committee, response to the results of appraisal, etc.;

1. Decision on disposition to suspend indictment, judgment, etc.;

1. Application of Acts and subordinate statutes to prosecution notes (digital analysis data);

1. Articles 44 (1) 2 and 32 (1) 1 (the point of distribution of a game product with no classification) of the relevant Act on the Promotion of Game Industry (the point of distribution of a game product with no classification), subparagraph 4 of Article 45 and Article 32 (1) 2 (the point of distribution of a game product with contents different from the game product with classification) of the relevant Act on criminal facts, and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act, Article 44 (2) of the Game Industry Promotion Act;

1. Where the sentencing of Article 44(2) of the Act on the Promotion of Additional Collection is irrelevant to the reduction area (4 to 10 months) of the reduction area (4 to 10 months) of types 2 (ungraded class) of illegal game products, etc. (special mitigation) (special mitigation), the second crime is committed [the scope of recommendation] and the use of illegal game products.