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(영문) 청주지방법원 2015.08.13 2014고단1989

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B was engaged in a business partnership with D, E to operate the illegal game site, and Defendant A conspired to receive KRW 100,000,000 from Defendant B, D, and E to receive KRW 100,000,000 if controlled, and to be the head of the bar in the above game site.

No one shall provide game products not classified for use, or exchange or arrange for exchange or repurchase of game products with tangible or intangible results obtained through the use of the game products, or conduct business of repurchase.

Nevertheless, from April 22, 2008 to April 16:30, 2008, the Defendants installed 50 game instruments of “sea-to-sea”, a game product not rated, and made it available to unspecified customers, and exchanged in cash directly by deducting 10% from the game money acquired by customers.

As a result, the Defendants provided ungraded game products in collusion with D and E for use, and exchanged tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Two-time suspect examination protocol of G police officers;

1. The police statement of H;

1. Each self-statement in the production of I, J, K, L, M, N,O, P, and Q;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing crime scene photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act ( point of providing game products not rated), Articles 44 (1) 2 and 32 (1) 7 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, and choice of imprisonment with prison labor;

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

1. Defendant A: Article 62(1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing).