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(영문) 울산지방법원 2017.03.09 2016고단4055
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the owner of a building in Ulsan Nam-gu B, and an unauthorized game site with no trade name located in the third floor.

No one shall provide game water which has not been rated by a conference of game water grade members for use, and no one shall engage in business of exchanging or arranging exchange of tangible or intangible results obtained through the use of game water.

From October 2016 to October 29, 2016, the Defendant established 14 game machine for “Yamamato” game without being classified by the said game chapter, and from the conference of the water-class members of the game, and subsequently, if an unspecified customer requests to make a refund of the game score obtained by inserting cash in the said game machine, the Defendant exchanged the game score in cash after deducting 10% of the commission from the said game score by 10%.

Accordingly, the Defendant provided game water to the game that was not classified by the Game Water Management Committee as above, and exchanged tangible and intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement;

1. Application of statutes on field photographs;

1. Articles 44(1)2 and 32(1)1 (a) of the Act on the Promotion of Game Industry (a point of using and providing game products violating the rating classification) concerning criminal facts, Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (a point of exchanging game outcomes) concerning criminal facts, and 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. It is unfavorable that the game room is operated in secret without trade name using a game machine that is not classified by a strong rating of reasons for sentencing under Article 44(2) of the Game Industry Promotion Act and Article 48 subparag. 1 of the Criminal Act, and exchange the result of the game. However, the size of the funeral of the game is small and the business period is not long.

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