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(영문) 수원지방법원 2017.09.15 2017고단3687

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

However, for the period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the owners of ‘F Game Chapter' on the first floor of the building underground in the Ministry Population E in Permitted-si.

No one shall provide for the distribution or use of, or display or keep for, any game product with a content different from the rating classified by the game water grade committee, and shall exchange, exchange, arrange for exchange or repurchase such tangible or intangible product obtained through the use of the game product for business purposes.

From September 22, 2016 to November 17, 2016, the Defendants: (a) opened a 40-class-based diesel game product in the said “F Game Chapter”; (b) provided customers with the 40-class-based performance in a way to show and early realize the scores obtained by customers by manipulating the pressing from around September 22, 2016; and (c) exchanged the scores obtained through the game into money.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of each police officer in relation to G or H;

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

1. Police seizure records and list of seizure;

1. Camers and photographs;

1. Application of Acts and subordinate statutes to a investigative report (the analysis of currency exchange images submitted by a person who has reported in a name-free manner on October 9, 2016).

1. Articles 44(1)2 and 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts, Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry, Article 30 of the Act on the Promotion of Game Industry, Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (the point of using and providing game products different from the classification of rating), and each decision of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant A: The reason for sentencing of Article 44(2) of the Game Industry Promotion Act is not good in light of the form and content of the instant crime, and Defendant A has a record of criminal punishment several times for the same crime. However, there are unfavorable circumstances, such as that Defendant A has a record of criminal punishment for the same crime.