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(영문) 창원지방법원 2014.05.02 2014고단715

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

The crimes referred to in subparagraphs 1 through 13 above shall be confiscated from the accused.

Reasons

Punishment of the crime

On December 9, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for attempted larceny at the Changwon District Court on April 22, 2011.

The defendant is a person who operates a game room with no mutual aid in the 9th floor of the Changwon-si C building in the Changwon-si.

No one shall provide the distribution or use of a game product not classified for the purpose of distribution or use, display or keep such a game product, and shall exchange, exchange, arrange for exchange or repurchase the tangible or intangible results obtained through the use of the game product for a business.

Nevertheless, from September 14, 2013 to March 18, 2014, the Defendant established 42 games for “Yatoma” game machine 13 and “Satocheon” game machine 29, which did not receive a rating in the above game room, and provided the use of many and unspecified customers, and provided customers with the points they acquired through the game by deducting 10% of the money exchange commission, and paid them in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 1 to 12, 14-17, 25-27 submitted by the prosecutor

1. Before judgment: the application of the Acts and subordinate statutes No. 19-21;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 (the point of providing an ungrade game product) of the Act on the Promotion of the Game Industry, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;

1. According to Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry, the defendant acquired criminal proceeds of approximately KRW 1.2 million for four days in the crime of this case.