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(영문) 울산지방법원 2018.06.08 2017고단3972 (1)
게임산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for eight months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to run a general game providing business for occupying and providing game products, the classification of which is refused for operation and rating of an unauthorized game room shall obtain permission from the head of the competent Si/Gun/Gu after meeting the requirements, and shall not distribute or provide game products, the classification of which is refused for use, or display or keep such products for the purpose of providing for distribution or use;

Nevertheless, the Defendants conspired with each other from April 21, 2017 to July 19:30, 2017, without obtaining permission from the competent authority, from the head of Ulsan-gu D and the second floor “E” party, the Defendants set up two units for the physical posters game in which the classification of two units and class are denied, and provided many and unspecified customers with money and using the said game machine.

2. No person in charge of money exchange business shall engage in the business of converting, arranging such conversion or repurchase intangible results obtained through the use of game water;

Nevertheless, the Defendants conspired to exchange the amount of 10,000 won calculated by adding the points of 10,000 won to 5,000 won, which the customers acquired through the use of the physical posters game machine and so on installed at the place and at the place mentioned in the above paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of F, G and H;

1. Each investigation report (the sequence 12,26 of the evidence list);

1. A protocol of seizure and a list of seizure;

1. Tax information on game products;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 45 Subparag. 2 and Article 26(1) of the Game Industry Promotion Act; Article 30 of the Criminal Act (including the occupation of an unauthorized general game providing business), Article 44(1)2 and Article 32(1)4 of the Criminal Act; Article 30 of the Criminal Act (including the occupation of provision for use of game products, the rating classification of which is denied), Article 44(1)2 and Article 32(1)7 of the Criminal Act; Article 30 of the Criminal Act (including the occupation of provision for use of game products, the rating classification of which is denied).

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