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(영문) 춘천지방법원 2013.03.21 2013고정146

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No one shall provide game products which have not been classified by the Game Rating Board for distribution or use;

Nevertheless, from December 2, 2012 to 18:46 of the same month, the Defendant: (a) placed KRW 1,000 in the Bda bank in Chuncheon City from around December 2, 2012; (b) received the basic point of 50 points; and (c) did not receive any rating in the manner of obtaining the points according to the number and arrangement of the days indicated on the screen, such as the lux, siren, body, and net, and provided an unspecified customer with an unspecified game machine in which the Defendant did not have any rating in the way of obtaining the points according to the number and arrangement of the days indicated on the screen.

2. No one shall arrange the exchange or exchange of tangible or intangible results obtained through the use of game products or engage in a business of repurchase thereof;

Nevertheless, the defendant, at the time and place mentioned in the above Paragraph 1, exchanged 10,00 won per 500 points earned by customers through the use of the above physical posters game in the business of exchanging the outcome obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs), investigation reports (control details, etc.);

1. Relevant legal provisions concerning criminal facts, and Articles 44 (1) 2, 32 (1) 1 (the point of providing an ungrade game product and selecting a fine) of the Act on the Promotion of the Game Industry, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry (the point of exchanging game outcomes and the selection of fines) concerning punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;