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(영문) 대전지방법원 2014.03.26 2013고정979

게임산업진흥에관한법률위반

Text

1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

No person shall provide game products for distribution or use which have not been classified, or display or keep such products for such purposes.

From October 6, 2005 to February 21, 2013, the Defendant displayed and stored one physical fitness game machine, which is a game product not classified by the Game Rating Board, in the Cda room operated by the Defendant on the first basement B of Seo-gu Daejeon, Seo-gu, Daejeon, for the purpose of providing it to the unspecified number of customers.

Summary of Evidence

1. Part of the defendant's legal statement (the purport that the defendant kept a fitness game machine);

1. Legal statement of the witness D;

1. Results of inquiry to the Game Rating Board;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Punishment and Promotion of Game Industry;

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

3. Article 44 (2) of the Confiscation Industry Promotion Act.

4. As to the assertion of the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and defense counsel argued to the effect that, although the Defendant and defense counsel kept the instant fitness game machine in a multi-faceted room from the time of acceptance, they merely did not bring about the owner of the instant machine, and they did not have been inevitably kept, and they did not have been kept for use by the general public, and thus, they do not constitute a case where they are displayed or kept for use by an unspecified number. Thus, the following circumstances acknowledged by the evidence mentioned above, i.e., (i) although the electric code of the instant game machine was not displayed or operated at the time of control, they can be used at any time, and (ii) the Defendant provided the game machine for use at the time of control.