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(영문) 인천지방법원 2015.12.16 2015고단6854
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment with prison labor for ten months and for four months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates a “Yama” game room on the first basement in Seo-gu Incheon, Seo-gu, Incheon, and Defendant B is an employee of the above game room.

1. Although a person who violated the rating classification should not provide game products that have not been classified by the Game Rating Board for distribution or use, Defendant A had been involved in the crime from July 2015 to around September 2015, the Defendants conspired with each other, taking into account the circumstances revealed in the result of examination of evidence and arguments from around September 2015, and it is recognized that Defendant B participated in the crime from around September 2015. This is a reduced fact that is included in the facts charged and it is judged that the contents favorable to the Defendant and there is no disadvantage to the Defendant in terms of guaranteeing the right of defense. Thus,

By October 22, 2015, 42 outdoor games, which were not classified in the above game area, were installed and provided to unspecified customers for use.

2. Although a person should not engage in the business of exchanging, exchanging, arranging for, or re-purchasing tangible and intangible results obtained through the use of game products, the Defendants provided 200 points per 20,000 won points to many unspecified customers who find such places at the date and place specified in paragraph 1, and made them use the said game machine and exchange the results obtained by the customers for 100 won per cash.

Summary of Evidence

1. Defendants’ legal statement

1. A statement of F, G, H, I, J, K, L and M;

1. On-site photographs;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (for specific business periods and business profits),

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and Article 44 of the Game Industry Promotion Act.

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