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(영문) 부산지방법원 2013.11.07 2013고단5916

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant was a person who operated the “C Gameland” in the second floor of the Busan-gu Office.

No one shall distribute or use any game product different from the content of the game product rated, and promote speculation by providing free gifts, etc.

From Jun. 3, 2013 to Jun. 24, 2013, the Defendant installed a total of 50 game equipment, including 40 game products, “Truru” and 10 “True 3”, which were rated by the Game Rating Board, as a game product to obtain free gifts in line with a correct answer with the user’s ability.

피고인은 그 곳을 찾은 손님들에게 게임 자동진행장치인 일명 ‘똑딱이’를 제공하여 이용자의 능력과 상관없이 우연에 의해 일정한 당첨구간에서 경품이 연속으로 2회 이상 배출되도록 하는 방식으로 이용에 제공함으로써, 등급분류를 받은 게임물과 다른 내용의 게임물을 이용에 제공하고, 경품 등을 제공하여 사행성을 조장하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. Records of seizure and the list of seizure;

1. Answer of the result of enforcement support;

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts, Article 44 (1) 1-2, subparagraph 3 of Article 28 of the Act on the Promotion of the Game Industry Selection and Punishment (the occupation of a speculative tank), subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act (the occupation of a game product, the contents of which are different from those of the game product rated), and the selection of imprisonment, respectively;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the Defendant’s application of Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry is in violation of the depth of the Defendant, the contents of the crime are valuable since it is highly harmful to the society of the crime, and the scale of the game of this case is small.