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(영문) 수원지방법원 여주지원 2018.04.25 2018고단187

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 a game hall with the trade name “D” in Echeon-si.

1. No person who violates the Act on the Promotion of the Game Industry (providing illegal game water) shall provide game water for use which has not been rated;

Nevertheless, from January 18, 2018 to February 17:3, 2018, the Defendant installed 40 game instruments in which “new” games, which were not rated by the Committee on Water Management in the said game, were stored, and provided them to many and unspecified customers.

2. No person who violates the Act on the Promotion of the Game Industry shall engage in the business of converting into money or arranging such conversion into money or repurchase of intangible results, such as points obtained through the use of game products;

Nevertheless, from the beginning of February 2018 to February 17:30, 2018, the Defendant exchanged in cash the amount calculated by deducting 10 percent from commission fees by converting the scores obtained from the said game through a "highness" game into 5,000 won per unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Police seizure records;

1. Application of investigation reports (verification of the revocation of classification and determination of rating of game products provided by suspects)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 (which provides non-class game products) of the Act on the Promotion of Alternative Game Industry, Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (which provides game products exchange business) concerning criminal facts, and each of imprisonment options;

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 community service order under Article 62-2 of the Criminal Act;

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

1. Article 44 of the Act on the Promotion of Additional Collection of Stocks;