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(영문) 부산지방법원 2014.06.12 2014고단2801

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

B On March 26, 2012, the Busan District Court sentenced eight months of imprisonment with prison labor for a violation of the Game Industry Promotion Act, etc., which became final and conclusive on November 9, 2012, and completed the execution of the sentence on August 12, 2012.

No one shall provide game products for the distribution or use, the contents of which are different from those of the game products rated by the Game Rating Committee, or display or keep such products.

Nevertheless, on May 2013, the Defendant sold 10 games, the “AS Gameland” game site located in Busan BP, and the “AS Game City” game room located in Busan, where users’ manipulation was excluded, and the game was automatically carried out and continuously discharged if a certain section is entered regardless of the user’s ability, and the given gift was continuously discharged into the specific section. As such, the Defendant sold 10 games, the game content of which was modified, to CZ. On June 2013, 2013, the Defendant sold 8 games, the same method of which was altered, at the same place.

As a result, the defendant distributed game products different from the game products rated.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Each prosecutor's protocol of examination of the CZ;

1. A report on investigation (the sequence 6 of evidence list);

1. Answer to the request for cooperation (referred to Serial Nos. 7 of evidence lists);

1. Requests for the cooperation by questioning (referred to as evidence list Nos. 9);

1. Previous convictions in judgment: Application of investigation report (Evidence Nos. 15 through 17 of the evidence list);

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the public prosecutor of the acquittal portion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be deemed not to have been acquitted. On June 2013, 2013, the game content of which has been modified due to the following reasons: (a) the Defendant has a function such as a flive game machine, such as a flive game machine.