(b) Illegal rescue in violation of the Game Industry Promotion Act;

2.2.B

When Defendant B fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, with respect to Defendant A, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order Defendant A to provide community service for 160 hours.

Seized evidence 1 through 7 shall be confiscated by the defendant A.

1. Defendant A

On June 11, 2011, from 15:00 to 20:30 on June 13, 2011, the Defendant exchanged the amount of money calculated by deducting 10% of commission from the points acquired by customers by providing a large number of unspecified customers, such as D having installed a game product and find it out, from the underground floor of the building in the Southern-gu Incheon Metropolitan City, 29 units of computers.

The game was classified as a whole by the Game Rating Board, and the contents of the game was changed by means of adding the automatic game progress function, example function, and chain function to the game where the user has captured an item on the screen by using a plastic or tamper, and where the user has run the game for at least 5,000 won at a time of 60 seconds, the game has been emitted, and the game has been carried out in a way that the game is terminated, and the game has not been automatically carried out without physical contact of the user. The contents of the game have been changed by means of adding the automatic game progress function, example function, and chain function.

As such, the Defendant provided game products with contents different from the game products classified as above, and exchanged tangible and intangible results obtained through the use of game products as a business.

2. Defendant B

The Defendant, from June 12, 201 to June 13, 2011, provided an employee with drinking water to customers at the places specified in paragraph (1), and aided and abetted the Defendant to commit the instant crime of the business owner A by easily providing customers with drinking water, and by using the customer’s influence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol regarding E;

1. Each statement of D, F, G, H, and I;

1. Seizure records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A

(a) Use and provision of a game product different from the game product rated: Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act;

(b) Money exchange as a result of the use of game products: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act;

B. Defendant B

(1) A game product that is classified as a game product and a similar game product: Article 45 Subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act; Article 32(1) of the Criminal Act

(2) Aiding and abetting the exchange of the result of using game products for business purposes: Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act; Article 32(1) of the Criminal Act

1. Selection of punishment;

A. Defendant A: Imprisonment option

B. Defendant B: Selection of a fine (including the fact that he is an employee and the fact that he is against the wrong)

1. Help and mitigation: Articles 32(2) and 55(1)6 of the Criminal Act (Defendant B)

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

1. Detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act (Defendant B);

1. Suspension of execution: Article 62 (1) of the Criminal Act (the period of business operation is shorter and the fact that the business operation is against mistake, etc.);

1. Community service order: Article 62-2 (Defendant A) of the Criminal Act;

1. Confiscation: Article 48 (1) 1 and 2 of the Criminal Act (with respect to Defendant A);