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(영문) 청주지방법원 2016.11.18 2016고단1165

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment with prison labor for nine months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the owner of a game room in the Dart underground located in Jincheon-gun, Jincheon-gun, Defendant A, from March 23, 2016 to March 24, 2016, set up 30 game machine “marine camping machine” which was not rated by the Game Management Committee in the said game room, provided customers with 30 game machine and exchanged the cards obtained by customers through the use of the said game in cash at KRW 4,500 per sheet.

As a result, the defendant provided game products not classified by the Game Management Committee for use, and exchanged the results obtained through the use of game products.

2. Around March 24, 2016, Defendant B provided game products not rated by the Game Management Committee of the said Party and assisted and abetted the crime of exchanging the results obtained through the use of the game products in a way that, upon the request of the said Party A, Defendant B offered game products for use by phone call to the will of the Defendant and let the will of the Defendant use the game site.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement of E, F, G, H, I, J, K, L and M;

1. Application of Acts and subordinate statutes to the inspection, report on the occurrence of the case, records of seizure, list of seizure and field photographs;

1. Defendants of relevant criminal facts: Article 44 (1) 2, Article 32 (1) 1 and 7 of the Game Industry Promotion Act; Defendant B: Article 32 of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 3 of the Criminal Act;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Crimes No. 1 (Scope of Recommendation) with reasons for sentencing under Article 44(2) of the Act on the Promotion of Game Industry (Defendant A) and distribution of illegal game products, etc.