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(영문) 대전지방법원 2013.04.25 2013고단337

게임산업진흥에관한법률위반

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From August 1, 2012 to November 28, 2012, Defendant A opened three computers connected to the Internet in the Dong-gu Daejeon-gu Daejeon-dong, Daejeon-gu, and provided customers with game products, the contents of which are different from those classified by the Game Rating Board, by setting up a page on the e-mail game products rated, and directly charging game money to customers.

2. Defendant B worked as an employee from around November 22, 2012 to around November 28, 2011 of the same month from the PC as indicated in paragraph (1), and the owner of the business knew that he/she provided game products different from the contents classified as above to customers’ use, and aided and abetted the customers by directly charging game money using the manager page.

Summary of Evidence

1. Defendants’ legal statement

1. Ethical letters;

1. Seizure records;

1. A report on the control of public morals;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing appraisal and reply;

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

(a) Defendant A: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act;

(b) Defendant B: Article 45 subparag. 4 and Article 32(1)2 of the Game Industry Promotion Act, and Article 32(1) of the Criminal Act

1. Statutory mitigation (Defendant B) Articles 32 (2) and 55 (1) 6 (Accessories) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Probation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Confiscation (Defendant A) Article 48 (1) 1 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B) lies in the crime of this case even though the defendant A had a record of suspended execution due to the same kind of crime, so the crime of this case is heavy, but its business size is not large, and it is against the mistake.