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(영문) 광주지방법원 2013.04.12 2012고단6928

게임산업진흥에관한법률위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

피고인은 2012. 9. 11.경부터 2012. 9. 13.경까지 광주 북구 B 건물 3층에 있는 피고인 운영의 ‘C’에서 등급을 받은 내용과는 달리 이용자의 조작과 능력과는 무관하게 이른바 똑딱이를 이용하여 게임이 자동진행되면서 우연한 방법에 의한 무작위 확률로 게임점수가 획득되도록 개변조된 무사도 게임기 30대를 설치하여 제공하고, 그 게임결과에 따라 게임기 배출구를 통해 게임점수 5,000점당 약 5,000원 상당의 은으로 제작된 경품을 지급하였다.

As a result, the defendant provided game products with contents different from the classified contents, and operated speculative acts using speculative gaming machines as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to seizure records and replies of control support records;

1. Article 45 subparagraph 4 of the relevant Act on the Promotion of the Game Industry and Article 32 (1) 2 (the provision of game products different from those of the game products rated) of the relevant Act on criminal facts, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. and the selection of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant led to the crime of this case, was not prosecuted by money exchange, the operating period of the game of this case is not long

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;