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(영문) 수원지방법원 2013.04.10 2012고정3338
게임산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From July 15, 201 to August 9, 2011, the Defendant in violation of the Game Industry Promotion Act was operating the Suwon-si B indoor fishing place in Suwon-gu, Suwon-si. From the above indoor fishing place, the Defendant set up six (6) game machine and two (2) fitness game machine for which no classification has been made in the said indoor fishing place in the said indoor fishing place, and received points by many unspecified customers by inserting money in the game machine. In the case of the fish venture game, the Defendant exchanged the following points with free gifts, such as on the screen, fry, water scrap, etc., depending on the number or picture on the screen, depending on the fact that the number or picture on the screen is fit with straight lines or rectangular lines, the Defendant exchanged the remaining points with cash, rice, Kim, suspension, etc.

As a result, the defendant provided unclassified physical posters games for customers' use, and exchanged of results obtained through the use of game products for business purposes.

2. The Defendant violated the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. from September 16, 201 to September 20, 2011, installed 6 fish venture game machine and 2 physical plastic gaming machine, which are speculative electronic amusement equipment, in the indoor fishing place specified in paragraph (1) of the said paragraph from around September 16, 201, and carried free gifts inside the fish-listed game machine, and operated speculative acts as a business using the same method as specified in paragraph (1) of the said paragraph.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement C and D;

1. Copy of lease contract; and

1. A criminal investigation report (general);

1. The list of seized articles, the protocol of seizure and the list of seized articles;

1. Application of Acts and subordinate statutes to field photographs and seized articles;

1. Article 44(1)2 of the Act on Special Cases Concerning Regulation and Punishment of Speculative Acts and Punishment, such as Relevant Acts concerning criminal facts and Articles 32(1)1 of the Act on the Promotion of the Game Industry (the point of providing a game product with no classification), Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (the point of providing a game product with no classification), and Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts.

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