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(영문) 의정부지방법원 2018.01.04 2017고단5173
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated “C Gameland” in Namyang-si, Namyang-si.

No one shall provide game water of a content different from the game water classified as a rating.

1. On July 26, 2017, from around July 27, 2017 to around July 27, 2017, the Defendant stored the “highly new game products” game products that were classified as “C Gameland” game machine 20, and that was classified as “Seman Sea” game product that was not classified as “Seman Sea” game product, and provided them for use to customers.

2. On August 24, 2017, from around August 25, 2017 to August 25, 2017, the Defendant stored “C-Woo 2” game products that were not classified as “C-Woo 2” game products and provided them to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. Police seizure records and lists and photographs of seized articles;

1. Medical certificates and death certificates;

1. On-site photographs, rating written photographs, monthly contracts of commercial buildings, cash photographs, and removal photographs of games;

1. Photographs of a game machine;

1. A letter of a notice for the operation of an illegal game room;

1. Detection video CDs;

1. Application of investigative reports (verification of the classification details, etc. of rating of seized games) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act reflects the Defendant’s mistake in depth; (b) the period of business run using illegal game water does not change; and (c) the Defendant has no previous conviction.

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