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(영문) 대구지방법원 2014.06.26 2014고단2180

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A directly exchanged items cards, etc., and Defendant A shared roles by raising money exchange funds, mobile phones, etc. which can be exchanged.

On August 19, 2013, the Defendant received money in exchange or a mobile phone from a person in bad name, and received money in exchange for money and a mobile phone from around 08:00 to around 11:30 of the same day, and the Defendant requested money from customers who completed the game in the “F Gameland” on the front side of the Daegu Dong-gu E-gu, Daegu, the Defendant received an item card obtained from customers with free gifts, and in return, delivered 9,000 won cash per item card in return.

As a result, the defendant exchanged tangible and intangible results obtained through the use of game products in collusion with the person with no name.

2. From August 16, 2013 to September 15:40, 2013, Defendant B, from “F Gameland” operated by Defendant G in Daegu-gu, the game classification of which was conducted by the Game Rating Board as a whole at the use price, Defendant B, unlike the original game contents, created a separate space inside the card discharge machine, and provided an unspecified number of customers with the aforementioned game products by changing the 40 game software machine, which is a “free match” game product, differently from the original game contents, to a specific animation (kick fighting) in the card discharge machine, at the time of contributing to a specific animation (kick fighting).

As a result, the defendant provided game products with contents different from the classification.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Statement by the prosecution concerning H, I, J, K, and L;

1. Written statements;

1. Sales contract or license of a general game providing business operator;

1. Certificates of game product classification, meetings of control support results, and explanation;

1. Two copies of each on-site photograph and item card;

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

1. Application of Acts and subordinate statutes to reports on the control of public morals;

1. Relevant Article of the Act on the Promotion of Game Industry and the Defendant A who choose a sentence concerning criminal facts;