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(영문) 광주지방법원 2014.10.30 2014고단3354

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

A defendant shall be forfeited from seizured evidence 1 to 5.

Reasons

Punishment of the crime

1. The Defendant, as the operator of the “C Gameland” in the Gwangju Mine-gu, the contents of which are different from the classified contents, set forth in the “C Gameland” from January 2, 2014 to July of the same month, operated a separate program using an external storage device (USB) from the foregoing game site, and installed 39 units of the “C Game Co., Ltd.” game using a separate program on the background screen to discharge an item card according to the pre-determined value regardless of the user’s ability, regardless of the user’s ability.

As a result, the defendant provided game products different from the contents of the classification.

2. The Defendant paid one item card per 10,000 won to many unspecified customers at the above date, time, and place, caused them to put the said item card into the game machine, and let them play the game, and then paid 9,000 won cash after deducting 10% of the fee per item card to the customers requesting the exchange of the item card obtained through the game product, and recovered the item card.

As a result, the defendant was engaged in money exchange or re-purchase of tangible and intangible results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each investigation report, seizure records, list of seizure, results of enforcement support;

1. Article applicable to criminal facts;

(a) Provision of game products different from the rating classification: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act, the selection of imprisonment with labor;

(b) Exchange of game results: Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of the Game Industry Act, the choice of imprisonment;

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

1. Article 44(2) of the Confiscation Industry Promotion Act, the Criminal Act;