게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
misunderstanding the facts of the reasoning of the Defendant’s appeal and misunderstanding of the legal principles, the Defendant merely, under the name of the Defendant, provided that, for the convenience of customers, the Defendant had completed the procedures for adult certification and membership membership to “E,” F,” and “G” (hereinafter “instant game water”), and Defendant’s ID allowed customers to use the instant game water, and did not provide the instant game water by changing the content of the rating on the instant game water itself.
Nevertheless, by finding the Defendant guilty of the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine on “game products with contents different from the rated contents” under the Act on the Promotion of Game Industry, thereby adversely affecting the conclusion of the judgment.
In light of the fact that the criminal defendant committed the instant crime for the purpose of maintaining his/her livelihood and the economic situation is difficult, the sentence of the court below that sentenced the fine of KRW 5,00,000 is too unreasonable.
Judgment
(1) Determination as to the assertion of misunderstanding of the facts and legal principles is based on (1) the act of providing a game product with different contents from the contents stated in the game product content description attached thereto, which is closely related to the realization of the contents of the game product, constitutes “the act of providing a game product with contents different from those rated,” as provided by Article 32(1)2 of the Game Industry Promotion Act (see Supreme Court Decision 2013Do9831, Nov. 13, 2014). (2) The following circumstances acknowledged by the court below duly adopted and investigated by the evidence are ① the game product of this case, namely, ① the game product of this case, the user e-mail with other users via online and the game product of this case e-mail, the user e-mail is able to repeatedly use the game product of this case, and the user e-mail is able to use the game product of this case.