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(영문) 서울중앙지방법원 2019.07.26 2019노1
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant, as a nominal representative director, did not have the authority to operate and manage the site, and thus, the Defendant did not participate in providing game products that were not classified by the Game Management Committee as stated in facts constituting an offense at

2. In full view of the following facts, which can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below, and the circumstances inferred therefrom, the defendant, as the representative director of the company B, provided game products not classified by the Game Management Committee as stated in the facts constituting the crime in the judgment below, can be fully recognized.

Therefore, the defendant's assertion is without merit.

1) Company B, a company engaged in the development and sale of digital content, and J, a representative director, decided to transfer the said company to I. In that process, the Defendant was appointed to the joint representative director on July 1, 2016 with J and I’s agreement, and the Defendant was appointed to the sole representative director on September 12, 2016, and retired from the office of the representative director on December 2, 2016. (2) The game products, “E”, etc. (hereinafter “instant game products”), as indicated in the facts constituting the crime in the judgment of the court below, have been provided for an unspecified number of use on the said company’s website even before the Defendant was appointed to the representative director.

3) The instant company applied for a rating classification for E among the instant game products, but rejected the rating classification on December 23, 2014 on the ground that it constitutes a game product that cannot be classified, and the remainder of the game products did not apply for a rating classification. 4) The said company provided the instant game products which were not classified for use, and received a recommendation for correction from the chairperson of the Game Management Committee, on May 12, 2016, and issued a corrective order from the Minister of Culture, Sports and Tourism around November 28, 2016, up to December 7, 2016.

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