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(영문) 광주지방법원 목포지원 2017.01.10 2016고단1384
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide for the distribution or use of game products with contents different from the rating obtained, or exchange, arrange for exchange or repurchase of game products with results obtained through the use of the game products for a business.

Nevertheless, from March 18, 2016 to April 28, 2016, the Defendant: (a) installed five computers at the CPC room operated by the Defendant from March 18, 2016 to April 28, 2016; and (b) installed five computers to find the same location, and there is a manager page different from the contents of the rating; (c) connected the changed online game “D” site that can directly order the game money through the manager page, and (d) allowed customers to engage in the game, such as “Tin,” and (e) calculated the game money acquired through the said game as KRW 10,000 per cash by the customers; and (e) exchanged the said game money as a business of receiving an amount equivalent to 7% of the game money betting by the customers from the said game product management company.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of the submission of records of seizure, on-site photographs, details of replies requesting cooperation in investigation, and materials for cooperation in investigation;

1. Article 44 (1) 2, Article 32 (1) 7, subparagraph 4 of Article 45, and Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry for Criminal Facts and Articles 44 (1) 2, 32 of the Act on the Promotion of the Alternative Game Industry: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. The reason for sentencing after Article 44 (2) of the Act on the Promotion of Additional Collection, which recognizes and reflects the crime of this case, and the period of the above crime is relatively short, and the amount of profit is not only less than the amount of profit.

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