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(영문) 서울북부지방법원 2017.06.21 2017고단1663

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for six 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 registered the “C Gameland” as a juvenile game providing business entity from the jurisdiction of the Gu to the name of “Seoul Northern-gu B and the second floor”.

No one shall provide a game product that differs from the classification of a rating for distribution or use, or exchange or arrange for exchange or re-purchase of intangible results obtained through the use of a game product for a business.

Nevertheless, from November 2, 2016 to November 10, 2016, the Defendant established in the above game room, “the on-the-the-counter game” which was classified by the previous committee on water management of the game, and registered in the Gu office with respect to the place of juvenile game, and installed 40 game water similar to the marine game water different from the contents of the game water, and provided customers with 10,000 points by using the above game machine so that they can play a game with 10,000 points if they input 10,000 won at one time by using the above game machine. In addition, the Defendant exchanged 50,000 points that an unspecified customer acquired through the above game to the rest of 45,000 won after deducting 10% commission fees from 5,000 won from the above game water.

As a result, the defendant provided game water that is different from the classification of the rating, and exchanged intangible results obtained through the use of the game.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G H, I, and J;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of a copy of a game place registration certificate;

1. Articles 44(1) and 32 subparag. 7 (the point of exchange of results acquired through the use of game water) of the relevant Act on the Promotion of Game Industry (the point of exchange of results obtained through the use of game water), Article 45 subparag. 4 and Article 32 subparag. 1 subparag. 2 (the point of provision of game products different from the contents of the rating) of the Act on the Promotion of Game Industry, and the selection of imprisonment for each category of punishment;

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 of the Criminal Act: