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(영문) 울산지방법원 2019.06.25 2018고단3474

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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

No one shall provide game products with contents different from those classified by the Game Products Management Committee for distribution or use, or exchange or arrange exchange or repurchase the results of tangible or intangible obtained through the use of game products for business purposes.

From September 1, 2017 to May 29, 2018, the Defendant: (a) provided seven computer units at the Dong-gu building B and “C” game sites on the first floor; and (b) received cash from customers; and (c) provided money exchange business in a way of converting the contents different from the contents classified by the Game Management Committee by entering “Addi” F, “Adi” F, by accessing the website, and filling the computer game money used by customers through the computer manager page into KRW 10,000 per cash acquired by the customers using the said game money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Report on detection (Violation of the Game Industry Promotion Act) and report on internal investigation;

1. Records of seizure and the list of seizure;

1. Responses as a result of appraisal by the Game Industry Management Committee;

1. Application of statutes on field photographs;

1. Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45, Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry ( point of providing game products, the contents of which are different from those of the game products rated), Article 44 (1) 2, and Article 32 (1) 7 of the same Act concerning the selection of punishment, and the selection of imprisonment, respectively;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Article 48 (1) of the Criminal Act, the main sentence of Article 44 (2) of the Game Industry Promotion Act;

1. Article 44 of the Act on the Promotion of Additional Collection of Stocks;