beta
(영문) 대구지방법원 2013.05.02 2013고단1845

게임산업진흥에관한법률위반

Text

A defendant shall be punished for six months.

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

Reasons

Punishment of the crime

No person shall provide game products for distribution or use different from the details of the rating, or display or keep such products for such purposes.

On December 10, 2012, from around 22:00 to December 22:00, 2012, the Defendant installed 40 game software machine “Spanece I (Space C)” with the content that the Defendant’s second floor of the 2nd floor of the building C located in Daegu-gu Office opened a card pattern that does not exist in the contents classified in the D’s “D” game site, and emitted premiums, regardless of the user’s ability to operate, and provided the said game products to customers who found the Defendant.

However, in fact, the game work “Spanish 1 (Space 1)” was classified by the Game Rating Board as “the game work is a pure ability game that requires users’ memory, judgment, etc., and which cannot obtain absolute free gifts.”

As a result, the defendant provided game products different from the rating contents to customers for use.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (with regard to the enemy reasons, etc., attaching on-site photographs, attaching game manuals, etc., and attaching on a charter contract);

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act were subject to a disposition of suspension of indictment for a violation of the Game Industry Promotion Act in 2009, and the Defendant was subject to a fine of KRW 3 million for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in 2010.