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(영문) 서울남부지방법원 2015.02.10 2014고단4973
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

120,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No one shall distribute or provide game products with the contents different from those of the game products as classified, and exchange the results of tangible or intangible obtained through the use of the game products.

Nevertheless, from August 31, 2010 to around December 31, 2010 (in relation to the provision for the use of other contents, from around December 3, 2010 to around October 18:00, the Defendant: (a) obtained a rating of “non-game game” from “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to allow customers to directly access the website and to use the game by filling the game points by using coophone; (b) provided that the Defendant received cash from the customers and provided customers with the game points by directly charging the game points to the ID created by the Defendant; and (c) converted the remaining game money to KRW 1,000 per 1,00,000 to the customers whose game was terminated.

As a result, the defendant provided game products with contents different from the rating, and exchanged the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Article 44 (1) 2 and Article 32 (1) 7 of the relevant Act on the Promotion of Game Industry (referring to the exchange of tangible or intangible outcomes acquired through the use of game products) concerning criminal facts, and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act (referring to cases where game products, the contents of which are different from the game products, are used or provided);

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

1. Article 44(2) and (1) of the Act on the Promotion of Additional Collection of Game Industry (the defendant's 150,000 won, excluding 30,000 won, exchanged to E among cash 1.50,000 won received from users E in the game room, shall be deemed criminal proceeds, and the collection shall be deemed to be a penalty for the same kind of crime

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