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(영문) 울산지방법원 2013.09.06 2013고단2489

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A is a person who operates an illegal game room by installing 25 game machine units, which did not receive ratings such as sea-ging and outdoor games, on the 3rd floor of Ulsan-gu C building.

No person who violates the rating classification shall provide game products for distribution or use, or display or keep them for such purposes.

Nevertheless, from December 14, 2012 to 19:05 of the same month, the Defendant installed the three floors of the building in Ulsan-gu, Ulsan-gu, the third floor of the building, the 12 PC 13, which is a speculative amusement device that did not receive the classification, and provided the said game products to unspecified customers for use.

(b) No person shall exchange or arrange for exchange tangible or intangible results obtained through the use of game products;

Nevertheless, the Defendant, at the time and place stated in the above paragraph (a) above, exchanged the points obtained through the use of the above game to KRW 10,000 per 10,000 or to KRW 10,000 per 10,000 per cash from 60,000, and exchanged the remainder as a fee in cash.

2. Defendant B provided a game machine that was not rated by A at the time and place specified in the above paragraph 1-A, and provided a game machine for use at the same time and place, and even with knowledge of the fact that Defendant B knowingly intended to gain illegal profits by exchanging the result of the game as a business, Defendant B performed an act as an employee, such as arranging books on the profit of the game room.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D, E, and F;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Defendants of relevant criminal facts: Articles 44 (1) 2 and 32 (1) 1 (the point of providing game products not rated) of the Act on the Promotion of respective Game Industry;