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(영문) 창원지방법원 2014.07.15 2014고단862

게임산업진흥에관한법률위반

Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

No one shall distribute or use game products which have not been rated by the Game Rating Board, and shall engage in business of exchanging the results obtained through the use of game products.

The Defendant, together with D, E, and F from January 5, 2012 to January 30, 2012, operated a game room by: (a) in the mutual infinite game room located in the second floor located in the window G located in Changwon-si from January 5, 2012; (b) in investing funds, the Defendant and D have a general control over the business while investing funds; (c) in E, as an ordinary employee; and (d) in F, to take charge of the performance of the president at the time of enforcement; and (e) in F, to take charge of the role of the customer’s heart; (b) infinite game in the above game room, the Defendant set up 20 game games which were not classified by the Game Rating Committee; and (c) providing customers with 5,000 won gift certificates obtained through the game; and (d) exchange them with 4,500 won per head.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on E and D;

1. Police suspect interrogation protocol regarding F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (for calculation of criminal proceeds);

1. Article 44 (1) 2, Article 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2, Article 33 (1) 7 of the Promotion of the Game Industry Act concerning criminal facts, Article 34 (1) 2, Article 33 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The crimes related to illegal game products for the reason of sentencing under Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry are social because they encourage speculation and interfere with the people's awareness of sound labor.