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(영문) 대구지방법원 2014.02.21 2013노2967
게임산업진흥에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds of appeal is that the contents of the alteration of the game machine of this case are directly related to the discharge item, and the statement that the defendants did not know that the game machine of this case was altered during the business for 45 days is altered is difficult to believe, the court below accepted the defendants' assertion without credibility, and acquitted the facts charged of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that Defendant B operates “G amusement room” on the F and the second floor of the Daegu-gu Month, and Defendant A is the president and the employee of the G amusement room, Defendant C is the managing director of the G amusement room, and Defendant D is the employees of the G entertainment room.

No one shall distribute, use, or provide game products the contents of which are different from those of the game products rated.

From February 14, 2012 to March 29, 2012, the Defendants: (a) captured more than 35 m35 m35 m of water in the G Entertainment room; (b) from around February 14, 2012 to around March 29, 2012, the number obtained by users of water at one straw; and (c) even if the number obtained by users as a game product in which the item appears, the Defendants installed 55 m of “H game machine” with the content that the discharge item does not appear, and provided it to unspecified multiple customers who found the said game site.

Defendant

B purchased a game machine by investing funds in the above game room and manage the game room in general, Defendant A was responsible for the role of the president when he regulates the game room as the nominal owner of the game room, Defendant C managed the above game room, and Defendant D operated the above game room in a way that the employee of the game room operates the game room in a manner that the customer is frightly.

As a result, the Defendants conspired to distribute, use or provide game products different from the game products rated.

B. The Defendants of the judgment of the court below are Defendants B and A.

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