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(영문) 창원지방법원 2016.04.19 2015고단3499

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Criminal facts

Defendant

A On November 11, 2015, the Changwon District Court sentenced 8 months of imprisonment for a violation of the Narcotics Control Act (marijuana) and 2 years of suspended execution, which became final and conclusive on November 19, 2015.

Defendant

A is a person who operates a game room in the defendant's house located in the 1st floor in Kimhae-si, and the defendant B is an employee of the above game room.

No one shall provide for the distribution or use of, or display or keep for, a game product that has not been classified as a rating, or exchange or arrange for exchange or re-purchase of, such tangible or intangible results as scores obtained through the use of the game product.

Nevertheless, from October 2015 to November 5, 2015, the Defendants: (a) 4 games of “Yamamato” which were not classified by the Game Water Management Committee at the above accommodation; (b) 3 games of “sea-to-sea”; (c) 2 games of “Sama”; and (d) 10,000 won per 50 points for the points obtained by the said games by the said customers.

As a result, the Defendants conspired to provide game water that is not classified into rating, and carried out a business of returning tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements prepared in D;

1. Seizure records;

1. On-site photographs;

1. Inquiries about criminal history (A) and the application of a copy of the judgment;

1. Article 44(1)2 and Article 32(1)1 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (which provides for the use of game water not classified), Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act concerning criminal facts (which conducts the business of exchanging the result of the use of game water)

1. Selection of a penalty;