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(영문) 창원지방법원 마산지원 2016.02.26 2016고정84

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a non-registered game room on the second floor in Changwon-si Mucompo-gu B and the second floor.

1. No one shall distribute or use, or display or keep for such purposes, game water which has not been rated by the Game Water Management Committee;

However, from November 14, 2015 to November 20:45, 2015, the Defendant installed the said game room, “Yamato”, which is a game product not rated, in eight computers, and provided the game room to many and unspecified customers, such as C, who found the game room.

2. No one shall engage in the business of exchanging, arranging exchange or repurchase intangible results obtained through the use of a game product;

However, at the above time and place, Defendant 1 engaged in cash exchange of KRW 9,000,00, which was obtained by an unspecified number of customers through the use of game water (10,000) after subtracting 10% of the money exchange commission from 10%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by C, D, E, and F;

1. Records of seizure and list of seizure prepared by the police;

1. On-site reports accompanied by photographs;

1. Application of Acts and subordinate statutes on response as a result of appraisal;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 (the provision of ungrade game water for use), Article 44 (1) 2, and Article 32 (1) 7 (the provision of ungrade game water for use) of the Act on the Promotion of Game Industry, the selection of fines for each type of fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The former part of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;