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(영문) 춘천지방법원 강릉지원 2020.01.22 2019고단1263
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C Game Place” on the 1st floor of Gangseo-si building and the 1st floor.

No one shall provide game products for the use of any other game products which have been rated.

Nevertheless, from February 25, 2019 to April 4, 2019, the Defendant operated the game in question, with the content that “if a game user enters six first-hands presented on the screen of the game in a certain order within a limited time, he/she is a simple net game wherein he/she attacks the other character and takes it over, and the background of the screen does not have any influence on the game result,” the Defendant classified “40 game 2’s secret 2” on the background screen, and if a specific character, such as a scare, crums, black articles, etc. appeared, the scores are differentiated among the users, and the points were recorded in the settlement window where he/she takes up the location of the bar according to a certain plaque.”

As a result, game products different from those classified by Defendant were provided to unspecified customers for use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. [Investigative Report (Attachment of Ascar 2 game description) - Game description], [Investigation Report (Attachment of Noscar 2 control data) - Report on Control Support (Attachment of Data on Control Support)], and [Attachment of Investigation Report (Attachment of On-the-spot Search, Seizure, and Character Points System) - Attachment of video data for each character written by the suspect];

1. Review on the result of enforcement support, [the Committee on Management of Game Products], and details of appraisal;

1. Records of seizure and the list of seizure;

1. Application of the statutes governing registration of changes to general game providing business;

1. Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry concerning facts constituting a crime;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

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