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(영문) 수원지방법원 평택지원 2013.08.08 2013고단769

게임산업진흥에관한법률위반

Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the owner of the F Game site in Pyeongtaek-si E, and Defendant B is the exchange of the above game site.

No one shall provide game products with contents different from the classification obtained for distribution or use, or exchange or arrange exchange or exchange or repurchase the results obtained through the use of game products as a business.

Nevertheless, from December 2012 to April 10, 2013, the Defendants set up 50 game machine for “refluentd diver” games, which had arbitrarily added automatic progress function, examples, and metaology function differently from the contents classified by the Game Rating Board at the game site from around December 2012 to around April 10, 201, and had customers play the game by using the said game machine, and had customers play the game, and then had customers exchange 8,000 won, excluding 20% of the fee per 10,000 won acquired through the game.

As a result, the Defendants conspired to exchange tangible results obtained through the use of game products for business purposes, and provided game products with contents different from the contents of the classification.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of G and H:

1. Each statement of I, J, K, L, and M;

1. The police seizure record and the list of seizure;

1. Investigation report (attached a letter of request for appraisal of game products);

1. Certificates of game product classification and registration certificates of general game providing business entities;

1. Game description;

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

1. The Defendants: Article 45 subparag. 4 of the Act on the Promotion of Game Industry, Article 32(1)2 of the Criminal Act, Article 30 of the Criminal Act, Article 44(1)2 of the Promotion of Game Industry Act, Article 32(1)7 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 15 of the same Act.