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(영문) 광주지방법원 목포지원 2017.01.12 2016고단1383
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

No one shall provide for the distribution or use of game products with contents different from the rating obtained, or exchange, arrange for exchange or repurchase of game products with results obtained through the use of the game products for a business.

Nevertheless, from September 2015 to May 30, 2016, the Defendant: (a) installed six computers in CPCs operated by the Defendant; (b) installed six computers; and (c) had an unspecified number of customers searching for them enter into D with a changed online game machine that can directly order the game machine through the manager’s page; and (c) allowed customers to enter into the game, such as E; (d) calculated and exchanged the game machine acquired through the said game as KRW 10,000 by calculating it as KRW 10,000,000 for customers; and (e) conducted money exchange business by receiving an amount equivalent to 8% of the total amount of the game machine acquired by customers from the said game machine management company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Application of Acts and subordinate statutes on screen pictures at the time of voluntary submission, such as reports on internal investigation, field photographs, replies as a result of appraisal, computers, etc.;

1. The relevant criminal facts, Articles 44(1)2, 32 subparag. 7 (the point of a money exchange business), 45 subparag. 4, and 32(1)2 (the point of a money exchange business) of the Act on the Promotion of the Alternative Game Industry for which the punishment is provided, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 44 (2) (3 million won monthly income x nine months in business period) of the Act on the Promotion of Additional Collection and Game Industry;

1. The basic area of crimes No. 1 [the scope of recommendations] and the basic area of crimes No. 2 (the exchange, exchange brokerage, and repurchase business) (6 months to June).

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