2013 Highest 3975 Violation of the Game Industry Promotion Act

A

Kim Young-ok (prosecutions) and the highest winning court;

October 10, 2013

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

Criminal Power

On July 1, 2010, the Defendant was sentenced to one year to imprisonment for a violation of the Game Industry Promotion Act at the Gwangju District Court on September 24, 2011 and completed the execution of the sentence in the Gwangju Prison on September 24, 2011.

Criminal facts

1. S gameland;

피고인은 2012. 8. 17.경부터 2012. 9. 20.경까지 광주 남구 T에 있는 'S게임랜드'에서 속칭 바지사장인 U 명의로 등록한 후, 등급을 받은 내용과는 달리 이용자의 조작과 능력과 관계없이 자동적으로 게임진행이 가능하도록 하는 이른바 똑딱이를 각 게임기에 설치하고, 우연한 방법에 따른 무작위 확률로 당첨구간이 존재하여 게임점수가 획득되어 이에 따라 아이템 카드가 배출되는 방식으로 개 · 변조된 '신천지블루' 게임기 50대를 설치하여 손님들에게 제공하고, 손님들이 게임을 통하여 획득한 아이템카드를 V를 통하여 1장당 9,000원에 환전해 주었다.

As a result, the defendant provided game products with contents different from the contents of the classification, and conducted a business of exchanging tangible and intangible results acquired through the use of game products.

2. W gameland.

피고인은 2012. 10. 16.경부터 2012. 10. 17.경까지 광주 북구 X 건물 1층에 있는 'W게임랜드'에서 속칭 바지사장인 위 U 명의로 등록한 후, 등급을 받은 내용과는 달리 이용자의 조작과 능력과 관계없이 자동적으로 게임진행이 가능하도록 하는 이른바 똑딱이를 각 게임기에 설치하고, 우연한 방법에 따른 무작위 확률로 당첨구간이 존재하여 게임점수가 획득되어 이에 따라 아이템 카드가 배출되는 방식으로 개 · 변조된 '씨앤드래곤3알파' 게임기 48대를 설치하여 손님들에게 제공하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning U;

1. One copy of the judgment (seven pages of investigation records);

1. Previous conviction in judgment: Criminal records and investigation reports (412 pages, 488 pages of investigation records);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Subparagraph 4 of Article 45 and Article 32(1)2 of the Act on the Promotion of respective Game Industry (the provision of game products that are different from the classification received), Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of Game Industry (the previous point of exchange and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

In order to avoid punishment, the defendant operated each game of this case in U, which is the president of the branch, there was a possibility that if he had been sentenced to punishment by U, who was the president of the branch president, and had not disclosed that he was the defendant, the defendant could not be found to have committed the crime of this case. The defendant had been punished several times due to the crime of the same kind as the crime of this case and had been sentenced to punishment several times due to the crime of the same type as the crime of this case and had committed the crime of this case even though he had been sentenced to punishment for the repeated crime, and the period and size of the defendant's game room business, etc., the defendant was sentenced to

Judges Kim Gin-han