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(영문) 대전지방법원 서산지원 2013.11.07 2013고단471
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a business proprietor operating a “C Gameland” on the 3th floor of Seosan City.

A game is classified by the Game Rating Board with the content that it is impossible to obtain free gifts, etc. by using external devices, etc. or by making a certain simple manipulation regardless of user's ability when it obtains points of at least 5,000 points for a string game that appeared on the left and right of the screen on the ground of the seabed.

No one shall provide game products, the contents of which are different from those classified by the Rating Board for distribution or use.

Nevertheless, from February 5, 2013 to March 6, 2013, the Defendant: (a) linked to the above “C Gameland” to the 45th unit of “ear” game products, and (b) provided 45 units of “ear” game products to unspecified customers who found the said “C Gameland,” by setting the winning value for the specific part of the cycle storage device differently from the contents classified by the Game Rating Board; and (c) provided it to the Defendant, regardless of the user’s ability, to enter a specific section, so that free gifts can be emitted by the meto value established when entering the specific section.

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

Summary of Evidence

1. Defendant's legal statement;

1. D's written confirmation;

1. Each photograph;

1. Records of seizure and the list;

1. Responses to the results of enforcement support;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article of facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so ordered as per Disposition on the grounds of Article 44(2) of the Confiscation Industry Promotion Act, Article 48(1) of the Criminal Act or higher.

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