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(영문) 대전지방법원 천안지원 2015.12.10 2015고단1747

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 exchange or arrange the exchange of tangible or intangible results obtained through the use of game products, and shall distribute or use game products with contents different from those of the rating.

From December 24, 2014 to July 22, 27, 2015, the Defendant: (a) provided six computer units in Asan City “CPC” located in B; and (b) exchanged the game money to KRW 10,000 per 10,000 per 10,000 p.m., unlike the contents of the rating of “Doldol”, a game product rated in an indirect charging form to acquire game money through purchase of Abadol; and (c) exchanged the game money into KRW 10,000 per 10,000.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure record and list;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 7 ( point of exchange of game products as a result of a game), subparagraph 4 of Article 45, and Article 32 (1) 2 ( point of provision of game products different from the game products whose classification has been obtained), and selection of imprisonment with prison labor;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. Crimes 1 in the sentencing criteria [Scope of Recommendation] Crimes 2 in which no basic area (6-1 year and 6 months) exists in the basic area (6-1 year and 6 months) of types 2 in the use of illegal game products (6-1 year and 6 months) (referring to the scope of recommendations] [the scope of recommendations] the basic area (6-1 year and 2 months) of types 1 in the use of illegal game products (6-1 year and 1 year and 2 months), the basic area (6-2 months), (6-2 months), the scope of final sentence due to multiple concurrent crimes without any classification: 6-21 months

2. Determination of sentence: