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(영문) 대구지방법원 서부지원 2019.03.13 2018고단2948
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall exchange or arrange for exchange or exchange or re-purchase of tangible or intangible results obtained through the use of game products, or distribute, provide for use, exhibit or keep game products with the contents different from the those of the game products rated.

From January 6, 2018 to July 19, 2018, from July 19, 2018, the Defendant established and operated 20 game equipment or 34 game equipment of “Blue” in the 2nd floor C Gameland of Daegu-gu building B, Daegu-gu, 2018. Unlike the game contents rated by the Game Management Committee, the Defendant opened and altered the game product so that a separate settlement creation due to a specific manipulation can be destroyed, provided the users with the contents different from those rated by the Game Management Committee, and exchanged the tangible and intangible points acquired by the game after deducting 10% of the commission from the 10th 10 to the point calculated by a separate settlement method of KRW 10,000.

As a result, the defendant provided game products with contents different from the contents of the rating and provided customers with the exchange of tangible and intangible results obtained through the use of game products as a business.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes applicable to investigation reports (fields and photographs of seized objects), investigation reports (related to appraisal and replys made by the Game Rating and Administration Committee);

1. Relevant Article on criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry Selection and Punishment (the point of business exchanging game products with results of using game products), Article 45 subparagraph 4 of the Game Industry Promotion Act and Article 32 (1) 2 of the Act on the Promotion of the Game Industry (the point of providing game products different from the classification) and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Order of community service;

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