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(영문) 수원지방법원 2015.04.02 2015고단173

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight 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

1. No one shall provide game products for distribution or use which have not been rated by the Game Products Management Committee, or display or keep them for such purposes;

Nevertheless, on October 3, 2014, from around 14:00 to around 20:00 on November 9, 2014, the Defendant installed two game instruments, namely, a one-person type “soft” and two game instruments, which were found in the above party room, and provided them to unspecified customers.

2. No one shall exchange, arrange for exchange or repurchase tangible and intangible results obtained through the use of game products as a business;

Nevertheless, the Defendant used game products as mentioned in paragraph (1) at the date and place, and after the unspecified customers used the game products as mentioned in paragraph (1), the Defendant exchanged the remaining points in the physical posters game with 1,000 won per 50 points, and the remaining points in the game machine with 1,000 won per 1,000 points.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to on-site photographs;

1. Relevant legal provisions concerning criminal facts and Articles 44 (1) 2, 32 (1) 1 (the point of providing a game product that has not been rated) of the Act on the Promotion of the Game Industry for the Selection of Punishment and Punishment, and Articles 44 (1) 2 and 32 (1) 7 (the point of exchanging game products and the choice of imprisonment) of the Act on the Promotion of the Game Industry;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Reasons for sentencing under the former part of Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1)1 of the Criminal Act