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(영문) 의정부지방법원 고양지원 2013.03.08 2012고단1694

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 distribute or provide a game product the rating classification of which has been refused because it constitutes a speculative game product, or display or store the product for the purpose of providing for distribution or use.

Nevertheless, from Jun. 2009 to Jun. 17:30, 2012, the Defendant installed four computers with approximately 50 square meters of 50 square meters from Jun. 28, 2012, in a workroom, in which the Defendant manufactured game products by using mobile hard disks and storing them in another computer hard disc, and distributed game products with 150,000 won per 1 set to the name irregular game business operator and 150,000 won and 150,000 won per 1 set to distribute the game products whose classification has been refused. For the purpose of distributing the game products whose classification has been refused, the Defendant kept the above computer and USB, etc. in the storage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each seizure record of the police;

1. Application of Acts and subordinate statutes, such as field photographs, appraisal results gatherings-out contracts;

1. Article 44 (1) 2 and Article 32 (1) 4 of the Act on the Promotion of the Game Industry concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents wrongs, the fact that the defendant has no past record of punishment and has discontinued his/her business);

1. It is so decided as per Disposition on the grounds of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 of the Criminal Act or above;