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(영문) 서울북부지방법원 2017.1.25.선고 2016고정2380 판결

게임산업진흥에관한법률위반

Cases

2016False 2380 Violation of the Game Industry Promotion Act

Defendant

A person shall be appointed.

Prosecutor

○○○ (Acting for, Institution of Prosecution), ○○ (Public Trial)

Imposition of Judgment

January 25, 2017

Text

Defendant shall be punished by a fine of one million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

1. Unregistered game providing business;

(a) A person who intends to conduct a juvenile game providing business by committing a crime on June 17, 2016 shall be equipped with facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the competent authority.

Nevertheless, the Defendant, without being registered with the competent authority from May 2016 to June 15, 2017: from May 40, 2016, operated juvenile game providing business by installing two string games, such as ○○○○○○○○ and mOOOOOOOOOO in the next street of the Seoul ○○○○○○○○○○○ and mOOOOOOOO.

(b) The crime of crackdown on July 28, 2016;

The Defendant did not register with the competent authority from the end of May 2016 to July 17: 40 of the same year, and from the end of July 28, 2016, up to 00,000, ○○○○○○○ (in front and on the street, ○○○○○○) operated juvenile game providing business by installing one 'OOOOO ○○○○○’ game machine to make customers available.

2. A game products related business entity that encourages the provision of free gifts shall not promote speculation by displaying and providing free gifts of not more than 5,000 won in the consumer's selling price.

Nevertheless, the Defendant, on the date and time, at the place specified in paragraph 1(a), and at the m00 ○○○○○○○○○○○○, displayed and provided nine influent PC PC PC and four influent helicopter PC PC PC, thereby promoting speculation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (Violation of the Game Industry Promotion Act), internal investigation report (in the vicinity of internal investigation), internal investigation report (in the case of a business telephone call in the place of installation), investigation report (in the case of a suspect ○○○ telephone call);

1. On-site and photographs of games;

Application of Statutes

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

Articles 45 subparag. 2 and 26(2) of the Act on the Promotion of respective Game Industry (the point where a juvenile game providing business is engaged in without registration), Articles 44(1)1-2 and 28 subparag. 3 (the point where the promotion of speculation is promoted) of the Game Industry Promotion Act, the selection of each fine.

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Park Jin-young