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(영문) 창원지방법원 2016.12.06 2016고단2477

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence1 to 3 shall be confiscated.

Reasons

Punishment of the crime

On March 17, 2016, the Defendant was sentenced to imprisonment for eight months or one year of suspended execution with respect to a violation of the Game Industry Promotion Act at the Changwon District Court on March 17, 2016, and the judgment becomes final and conclusive on March 25, 2016, and is currently

From May 2, 2016 to May 22:10, 2016, the Defendant established ten game 10 units of “Yamato 2” game on the second floor of the 2nd floor of the window of Changwon-si, which was not rated by the Game Management Committee, and operated the game hall without trade name, and deducted 10% of the following commission from cash per unit of the game machine left for customers who finished the game and returned in cash.

As a result, the defendant provided game products not classified by the Game Industry Management Committee, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police suspect interrogation protocol of D or E;

1. Part concerning D's statement among the second police interrogation protocol against the defendant

1. Seizure records;

1. A written statement;

1. Return by the Game Management Committee;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (the same criminal records and attachment of court records A);

1. Article 44 (1) 2, Article 32 (1) 1 ( point of providing game products for use), Article 44 (1) 2, and Article 32 (1) 7 of the Act on the Promotion of Game Industry concerning criminal facts ( point of conducting business exchanging the result of the use of game products for exchange) of the relevant Act on the Promotion of Game Industry;

1. Selection of each sentence of imprisonment;

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

1. The following circumstances were taken into account in determining the same sentence as the sentence for sentencing in the former part of Article 44(2) of the Act on the Promotion of Confiscation Industry.

- Basic matters: Crimes committed during the period of suspension of execution due to the same kind of crime, such as the details and methods of crimes, the period of business, the scale of business, etc.