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(영문) 부산지방법원 2015.10.07 2015고단4362

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

The evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

No one shall provide game products for the distribution or use for which no rating has been obtained from the Game Rating Board, or display or keep such products for such purposes.

Nevertheless, from Jun. 26, 2015 to Jun. 19:30, 2015, the Defendant received from Jun. 26, 2015 to Jun. 30, 2015, “D” game products, which were not classified by the Game Management Committee, from “D” game products on the 2nd floor of Busan Suwon-gu, which were operated by himself, for the game products, “monone,” and “Bul”, and had the game products carried out on the game machine in connection with the 40 games.

As a result, the defendant provided an unspecified number of customers who found the game product which was not classified by the Game Management Committee.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused by the prosecution;

1. A person of E;

1. Seizure records;

1. A criminal investigation report (attached to a written judgment) and a criminal investigation report (attached to a written public notice issued by the Game Rating and Administration Committee);

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of criminal proceeds);

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. The reason for sentencing under Article 44(2) of the Confiscation and Collection Promotion Act, Article 48(1) and (2) of the Criminal Act / [the scope of recommendation / [1 year and 3 months] of the increase (1 year and 6 months) in the use, provision, etc. of illegal game products [in a case where multiple persons organized and organized a crime by sharing their roles, the crime of this case where the lead of the crime (the decision of sentence] where the defendant led the planning or execution or plays a key role in the crime [the decision of sentence] is the game machine, etc. for which no new classification has been obtained even after the defendant was seized because the game machine, etc. which was controlled at the place where the crime was committed in question, was seized.