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(영문) 서울북부지방법원 2014.07.04 2014고단976

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on June 19, 2014, the Seoul Northern District Court sentenced a two-year suspended sentence to six months of imprisonment for special larceny, and the said judgment became final and conclusive on the 27th of the same month.

From March 3, 2010 to March 5, 2010, the Defendants conspired with the game site located on the Dobong-gu Seoul Metropolitan Government D branch, and the actual business owner E, and Defendant A provided information to the so-called “bab president,” and reported the customers, Defendant B provided information to customers, arranged the business books, and exchanged duties. The Defendants provided services using 35 computers with so-called “sea-to-sea” game products without the rating of the Game Rating Board, and exchanged the remaining points of customers by calculating 10,000,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each statement of G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Police seizure records;

1. Control statement, on-site photographs, a real estate lease contract, and replys to the results of appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to Defendant A’s legal statement, inquiry report (A), and report on the result of confirmation of the previous disposition (Evidence No. 44);

1. Relevant laws concerning criminal facts: Article 44 (1) 2, Article 32 (1) 1 and 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (Determination of Imprisonment with prison labor);

1. Handling concurrent crimes (Defendant A) (latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act of the Suspension of Execution (Consideration of the fact that the defendants repent their mistakes in depth, the degree of the commission of the crime, the scale and period of the business, etc.);

1. It shall be so decided as per Disposition for the reasons under Article 44 (2) of the Act on the Promotion of respective Game Industry, and Article 48 (1) 1 of the Criminal Act or more;