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(영문) 대전지방법원 2016.06.02 2016고단890

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daejeon District Court on January 15, 2016, and the above judgment was finalized on January 23, 2016.

The Defendant installed, from August 16, 2015 to November 21, 2015, a game water, such as “mon posters,” which was classified as six computers, with six computers installed at the Daejeon Pungdong B and the first floor CPC game room.

Unlike the contents of the rating classification of the above game product, the defendant received cash directly from customers, and made the game by using the points that the defendant bought in advance, and then exchanged points that the customers acquired through the game into cash, provided game products with contents different from the rated game products, and exchanged the results acquired through the use of the game products.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Letters of D;

1. On-site photographs;

1. Previous convictions: The results of inquiry and the application of the statutes governing the judgment;

1. Relevant legal provisions concerning criminal facts and Articles 44 (1) 2, 32 (1) 7 (the point of exchanging the result of using the game products, the choice of imprisonment), Article 44 (1) 2, and Article 32 (1) 1 (the provision of game products that are different from the game products classified as the rating, and the choice of imprisonment) of the Game Industry Promotion Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is highly harmful to society, such as encouraging the general public’s spirit of gambling and undermining sound will to work, and the defendant has the record of being fined once due to the same crime, and the defendant committed the crime of this case immediately after the control of the same crime, and re-offending the crime of this case, etc., which is disadvantageous to the defendant.