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(영문) 의정부지방법원 고양지원 2015.09.16 2015고정666

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an indoor fishing place under the trade name of "D" in the Goyang-gu Seoyang-gu C.

1. He/she shall not provide game products which have not been classified for use;

Nevertheless, from January 1, 2015 to February 4, 2015, the Defendant established four game products, which were not classified by the Video Rating Board in the above D, and provided them for use to unspecified customers.

2. No one shall engage in business of exchanging results obtained through the use of game products;

At the time and place specified in paragraph (1), the Defendant carried out money exchange business by exchanging KRW 10,00 in cash on the points 50 points earned by unspecified customers using a “mail posters” game machine.

Summary of Evidence

1. Defendant's legal statement (third time);

1. Records of seizure and the list of seizure;

1. Confirmation of rating classification decisions;

1. Application of statutes on site photographs;

1. Subparagraph 4 of the facts charged under Articles 44(1)2 and 32(1)1 of the Act on the Promotion of Game Industry concerning facts constituting an offense seems to be a simple clerical error;

(generally, the provision of a game product that has not been classified), Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act (the point of providing a game product that has not been classified), the selection of each fine.

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the fine amount stipulated in the summary order seems to be somewhat excessive when comprehensively considering the developments leading up to the installation of each game of this case and the degree of crimes, business period