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(영문) 광주지방법원 2017.05.18 2017고단819
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than 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

No one shall provide a game product which has not been classified for the purpose of use, and no one shall conduct an act of exchanging a tangible and intangible result obtained through the use of a game product as a business.

Nevertheless, from November 13, 2016 to January 25, 2017, the Defendant installed 18th unit of the second-story game machine in Gwangju Northern-gu, which was not rated in the second-story game in Gwangju Northern-gu, and provided it to many unspecified customers, and the customers who had finished the game calculated 10,000 won in cash per 1,00 won by using game water.

As a result, the defendant provided game water that has not been classified for use, and carried out money exchange business through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement C and D;

1. A protocol of seizure and a list of seizure;

1. Responses as a result of appraisal (unexplic currents before and after the market);

1. Application of Acts and subordinate statutes to report on investigation (the period of crime against a suspect and report on calculation of earnings);

1. Article 44 (1) 2 of the Act on the Promotion of the Game Industry and Article 32 (1) 1 of the Act on the Promotion of the Selection of Punishment, which applies to the relevant criminal facts, is obvious that “Article 45 subparag. 4 of the Game Industry Promotion Act and Article 32 (1) 2 of the Act on the Promotion of the Game Industry” is an error.

(The use of game products not classified), Article 44(1)2, and Article 32(1)7 (a) of the Game Industry Promotion Act (the point of a game result exchange business) of the Game Industry Promotion Act, 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. The community service order under Article 62-2 of the Criminal Act;

1. Article 44 (2) of the Act on the Promotion of Confiscation and Collection of Additional Dues;

1. Class 3 of the Criminal Procedure Act (the recommended scope of punishment) on the grounds of sentencing Article 334(1) of the Criminal Procedure Act (the Criminal Procedure Act).

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