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(영문) 대구지방법원 2020.06.23 2020고단1942

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who provides Internet computer game facilities in the name of “CPC bank” on the first floor of Daegu Northern-gu B building.

No one shall provide game products, the contents of which are different from those of the game products rated by the Game Products Management Committee.

Nevertheless, from January 20 to February 7, 2020, the Defendant provided that, unlike the contents of the rating classification (in indirect charging method to acquire game money through the purchase of bathy after filling for capital) by installing five computers from the above CPC to unspecified customers, the Defendant provided that, unlike the contents of the rating classification, the Defendant changed the contents of the game money in a way of directly charging the game money to the members ID generated without one’s own certification through a separate manager page (the method of indirect charging to acquire the game money through the purchase of bathy after filling for capital).

As a result, the defendant provided game products with contents different from the game products classified by the Game Management Committee for use.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of the game industry, such as a report on internal investigation (Attachment of field enforcement photographs), on-site enforcement photographs, internal investigation reports (Attachment of a reply on the results of appraisal by the Game Rating and Administration Committee), replys on the results of appraisal, replys on the results of appraisal, and notification

1. Relevant legal provisions concerning facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion (generally, choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The basic area of recommendation [the scope of recommendation [the determination of type] according to the sentencing guidelines and the scope of recommendation [the scope of recommendation field and recommendation range] that there is no game use or provision [the category 1] different from the classification and the provision of game products [the person specially engaged].