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(영문) 대구지방법원 2013.11.14 2013고단3173

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of D in Gyeongbuk-si, Gyeongbuk-si.

1. The Defendant neglected, from September 15, 2012 to October 24, 2012, an unspecified number of customers who found D from around September 15, 2012, carried out game in the cover game machine of the North Dup, which was installed in the said D, and instead exchanged the name of the gift to an exchange for which it is impossible to know the name of the gift acquired.

As a result, the Defendant, as a game products related business entity, left game products to perform speculative acts using game products.

2. No one shall provide game products, the contents of which are different from those of the rating, for distribution or use;

그럼에도 불구하고 피고인은 위 제1항 기재 일시에 위 D에서 각 단계별로 미션 그림을 찾아내어 해당점수를 획득하고 연속하여 7단계를 성공하면 합산점수가 5,000점이 되어 경품이 제공되도록 등급을 받은 내용과 다르게 자동누름장치(일명 “똑딱이”)를 이용하여 게임이 자동으로 실행되게 하고 게임이용자의 능력과 관계없이 경품이 배출되는 “북두의 권” 게임기 50대를 위 D를 찾아온 불특정 다수의 손님들에게 제공하였다.

As a result, the Defendant provided game products different from the contents of the rating for distribution or use.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. A written statement of the G production;

1. Each protocol and list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (game explanation and result of game product analysis);

1. Relevant Article on criminal facts, Articles 44 (1) 1, 28 (2) of the Act on the Promotion of the Game Industry Selection and Punishment (the points of encouragement of speculative acts, the choice of imprisonment), subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act (the point of providing game products, the contents of which are different from the game products rated, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: