beta
(영문) 부산지방법원 2013.03.27 2012고단5769

게임산업진흥에관한법률위반

Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months;

2. Provided, That this shall not apply to Defendant A.

Reasons

Punishment of the crime

1. No person of the 2012 Highest 5597 shall provide for the use of game products which have not been rated, and shall engage in business converting the tangible or intangible results acquired through the use of game products into money;

Nevertheless, from around 17:00 on April 20, 2012 to around 18:00 on April 26, 2012, Defendant B established about 40 square meters warehouse located in F of Busan Geum-gu and provided 30 game products to unspecified customers who visit the same place without being classified by the Game Rating Board, and exchanged the points obtained by such customers by converting the game products into 4,50 won per point.

As a result, Defendant B provided game products without rating for use and exchanged the results obtained through the use of game products.

2. The defendant A of the 2012 Highest 5769 [Defendant A] is a person who operates an unincorporated game room, and the defendant B is an employee of the above game room to take charge of exchange, ice ice rink, etc. against customers.

On March 27, 2012, around 21:00, the Defendants conspired to set up 14 U.S. A. 14 games on the 15th floor storage of the 1st floor of the Nam-gu Busan Metropolitan City, and provided them for use by unspecified persons, and exchanged in cash the remainder after deducting 10% of the fees from the points indicated on the screen, thereby allowing them to engage in gambling and other speculative acts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H and I;

1. Each statement of J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AB;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes, such as enforcement photographs;

1. Article applicable to criminal facts;

A. Defendant A: Article 44(1)1 and Article 28 Subparag. 2 of the Game Industry Promotion Act, and Article 30 of the Criminal Act (the act of causing gambling and other speculative acts using game products).

참조조문