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(영문) 인천지방법원 2014.02.07 2013고정4067

게임산업진흥에관한법률위반방조

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 27, 2013, the Defendant was sentenced to eight months of imprisonment due to a violation of the Game Industry Promotion Act, etc., and the judgment became final and conclusive on November 30, 2013.

B is the head of the unauthorized Game Center, who is not a trade name in the Incheon Bupyeong-gu C building underground, and the unemployment is D, and the defendant is the employee of the above business establishment.

A person who intends to conduct a juvenile game providing business shall register with the head of a Si/Gun/Gu after installing facilities prescribed by Ordinance of the Ministry of Culture, Sports

그럼에도 B은 2011. 12. 1.경부터 같은 해 12. 3. 23:50경까지 인천 부평구 C빌딩 지하에서 상호 없는 게임장에서 위와 같은 관할 관청에 등록을 하지 아니한 상태로 전체이용가 청소년게임기인 ‘굿샷’ 40대를 설치하여 운영하면서, 실업주 D으로부터 일당 15만 원을 받는 조건으로 바지사장으로 역할(적발시 게임장의 실업주로 행세)을 하기로 하는 등의 방법으로 게임장을 운영하기로 D과 공모하여 위 기간 동안 무등록 게임장을 운영하였다.

The defendant, upon the request of D by a unemployment owner at the above date and time, performed a recruitment act on condition that one customer will receive 40,000 won each time and each time, in the game room.

Accordingly, the Defendant aided and abetted the operation of the unregistered game site D and B.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol against F, G, or B;

1. Protocols of seizure, control over the scenes and photographs;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Subparagraph 2 of Article 45 and Article 26 (2) of the Act on the Promotion of Game Industry, and Article 32 (1) of the Criminal Act concerning facts constituting a crime;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;