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(영문) 부산지방법원 동부지원 2016.12.21 2016고단1988

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

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

From the beginning of June 2016 to August 29, 2016, the Defendant installed ten computers with which “one-day game slot machine” game work, which was not classified by the Game Rating Board from the Busan Southern-gu D and the third floor, was operated by the Defendant, and operated a game room business by exchanging 10,000 won in cash per 1,000 points when customers obtain certain points.

As a result, the defendant provided game products not classified by the Game Rating Board for use, and exchanged the points obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the preparation of E, F, G, and H;

1. Criminal place, report on internal investigation (on the field of control), and report on investigation (on the classification of the Committee for Management of Game Products in one game slot machine per day);

1. Application of the Acts and subordinate statutes governing evidence 1 and 2 confiscated;

1. Relevant legal provisions concerning criminal facts and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection of Punishment and Punishment (the point of providing the Ungrade Game, the choice of imprisonment, the choice of imprisonment), Article 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point of business before exchange and the choice of imprisonment);

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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 44 (2) of the Act on the Promotion of Confiscation and Collection of Additional Dues;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unfavorable circumstance, where the crime of this case is provided for use of unregistered game products and conducted money exchange business, and the crime is bad, and the defendant can have a record of punishment for the same crime.

However, the fact that the defendant's charges are seriously against the defendant is recognized, and the facts are favorable.

The age, character and conduct, environment, and means and results of the crime of the defendant, after the crime is committed.