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(영문) 대구지방법원 2015.06.05 2015고단1488

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No one shall distribute game products the rating classification of which has been refused, display or keep them for the purpose of providing for use, and exchange the results of tangible or intangible obtained through the use of game products.

Nevertheless, from December 22, 2014 to February 24, 2014, the Defendant installed 8 games for “sea-to-sea-to-sea” game, a speculative game product, the rating classification of which was refused by the Defendant in the “C” container office residing by the Defendant, and provided it to the said C members, and exchanged the game into 10,000 won in cash whenever the customer who provided the game obtains 10,000 points.

As a result, the defendant provided a game machine which is refused to be classified to operate and exchange the game room as a business.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Each statement and each statement of detection of a business establishment violating the Game Industry Promotion Act;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant Article of facts constituting a crime, Articles 44 (1) 2 and 32 (1) 4 of the Act on the Promotion of the Game Industry Selection of Punishment and Punishment (the point of using or providing game products the classification of which is refused), Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Although the necessity of crackdown is very large because illegal game places such as the defendant's reason for sentencing in Article 44 (2) of the Act on the Promotion of Confiscation Industry (hereinafter "the Act") encourage excessive speculative spirit and interfere with the people's sound sense of work, the period operated by the defendant is too much less than three days and it is too much more profits that the defendant acquired.