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(영문) 울산지방법원 2017.01.19 2016고단4146

게임산업진흥에관한법률위반등

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1. The defendant A shall be punished by imprisonment for eight months;

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B in violation of the Game Industry Promotion Act is the owner of “DPC room” located in Ulsan-gu, Ulsan-gu, and Defendant A is a person who, without receiving any consideration, assisted management, such as the equipment and operation of the said PC room.

Anyone who intends to run the business of providing Internet computer game facilities shall register with the head of a Si/Gun/Gu with the facilities prescribed by Ordinance of the Ministry for Culture and Sports under statutes.

Nevertheless, without registering with the competent authority, the Defendants are operating the Internet game facilities called “DPC room” in Ulsan-gu, Ulsan-gu, without registering with the competent authority. Defendant B, as the owner of the business, managed the above PC room, and Defendant A conspiredd to assist with equipment, operation, etc. such as funding and purchase of PCs and provision of game products.

Therefore, from early September 2016 to September 22, 2016, the Defendants conspired to establish four computers in the said PC, and sold coophones that can charge for game money on the game website to customers, and run the business of manufacturing Internet game facilities without registering it with the competent authority.

2. No person who violates the Health Act in a school, environment sanitation and cleanup zone shall conduct business providing Internet computer game facilities pursuant to Articles 2 and 7 of the Game Industry Promotion Act.

Nevertheless, the Defendants, at a distance of approximately 122 meters from the above temporary E elementary school, engaged in the business of providing Internet computer game facilities at the above place corresponding to the School Environment Cleanup Zone.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on detection;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants of the pertinent law on criminal facts: Article 45 Subparag. 2 and Article 26(2) of the respective Game Industry Promotion Act; Article 30 of the Criminal Act (the point of operating the business of manufacturing unregistered Internet computer game facilities) and the School Health Act.