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(영문) 창원지방법원 2018.09.19 2018고단1611

게임산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No one shall provide for the distribution or use of game water which has not been rated, or display or keep such for such purposes, and shall exchange, arrange for exchange or re-purchase of tangible or intangible results obtained through the use of game water for a business.

From February 25, 2018 to March 19:30 on March 5, 2018, the Defendant operated an unauthorized game room on the first floor of the Seongdong-si, Sungwon-si, Seongdong-si, the Defendant established 12 YA and offered 12 YA to unspecified customers, who did not receive a rating from the Game Water Management Committee, and exchanged 20,000 won per point 4 points which customers acquired using game water.

As a result, the defendant provided game water for the use of the game without the rating of the Committee on Water Management, and used the recovery of tangible and intangible results obtained through the use of the game water as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements D, E, and F

1. Application of the Acts and subordinate statutes on the investigation report (with regard to the details of enforcement), photographs of control site, and seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2, 32 (1) 1 (the point of providing for the use of game products not classified as the rating), 44 (1) 2, and 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, and the choice of imprisonment, respectively;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry, Article 48(1)1 of the Criminal Act / [the scope of the recommended sentence] 3 types (private activity activities using game products; the use of game products not classified as rating; the provision of game products) and the basic field (the period between August and June 1 year) 2 (the period of imprisonment between June and June) (the period of imprisonment between June and June 6 months): The standards for handling multiple crimes: 8 months to December 3 months (the decision of sentence) are as follows.