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(영문) 서울중앙지방법원 2013.03.28 2013고정414

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, together with B, was trying to set up and operate a game room by setting up a PC 42 with a “sea open game machine” in the Gwanak-gu Seoul Special Metropolitan City’s first floor.

A person who intends to produce or distribute a game product for the purpose of distributing the game product or providing such for the use thereof shall obtain a rating for the contents of the game product from the Rating Board before producing or distributing the game product concerned, and provide such for the distribution or use thereof, or display or store it for such purpose.

Nevertheless, around October 5, 2008, the Defendant purchased PC main body and monitoring 42 parts, each of which are game products that have not been classified by the Rating Board, from a person with no personal knowledge, and installed them at the above place.

As a result, the Defendant conspired with the above B and displayed and stored game products which did not receive classification in order to provide them to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Reporting on occurrence of a case under the game industry;

1. Control note;

1. Application of statutes on site photographs;

1. Article 45 of the Act on the Promotion of Game Industry (Amended by Act No. 928, Jan. 1, 2010); subparagraph 4 of Article 45, Article 32 (1) 2, and Article 21 (1) of the former Act on the Promotion of Game Industry; Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;