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(영문) 전주지방법원 2016.07.20 2016고정161

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

(a) Where it is intended to operate an Internet computer providing business, no one shall provide game water of a content different from those classified by the Committee on Water Management of the game for the distribution or use, or display or store for such purposes;

On May 19, 2015, the Defendant: (a) opened ten PCs in the CPC room located in Seojin-gu, Youngjin-gu; and (b) opened a ID (D) password, which is managed by many unspecified customers, while carrying on the business; (c) added a game machine function; and (d) operated an illegal business using and providing any modified game product different from the contents classified by the Game Water Management Board.

(b) No one shall exchange, arrange for exchange or repurchase tangible or intangible results (referring to points, premiums, virtual currency used in a game and things similar thereto prescribed by Presidential Decree, which are prescribed by Presidential Decree) acquired through the use of a game product for business purposes;

The Defendant received only game service charges from customers on the same date and at the same place as above, and charged game money with 7% commission fees from customers, and allowed them to use game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A letter of commencement of business;

1. Protocols of seizure, list of seizure, voluntary submission, written waiver of ownership, written consent for destruction of seized articles, and evidence of seizure;

1. Notification of an administrative disposition taken to regulate public morals business;

1. Field control photographs;

1. A report on the control of a business place;

1. Responses with the results of appraisal;

1. Application of Acts and subordinate statutes of each investigation report;

1. The point of supplying game products that are different from those classified as a pertinent legal rating for a crime: The point of exchanging game products under Article 45 subparagraph 4 of the Game Industry Promotion Act and Article 32 (1) 2 of the same Act: the Game Industry Promotion Act;