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(영문) 서울중앙지방법원 2014.01.03 2013고단7626
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated the “C” game room on the first floor of the building located in Gwanak-gu in Seoul Special Metropolitan City from June 23, 2013 to July 6, 2013.

No one shall provide game products not classified for distribution or use, or exchange such products with tangible or intangible results obtained through the use of game products for business purposes.

Nevertheless, from June 23, 2013 to July 6, 2013, the Defendant installed 29 game software monitors and 30 main body, which had not been rated by the Game Rating Board in the above game site, and offered them to the general public, and exchanged the points that many unspecified customers acquired through the use of the above game machine in the above game room with 10,000 won per 10,000 won.

As a result, the defendant provided an unspecified number of customers with game products not rated by the Game Rating Board, and operated a business exchanging the results obtained through the use of game products by customers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. The police seizure record and the list of seizure;

1. A written report on the results of appraisal;

1. Application of Acts and subordinate statutes to field photographs and seized objects;

1. Article applicable to criminal facts;

(a) Providing game products not classified for use: Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act;

(b) Acts exchanging game products as a result of a business: Articles 44 (1) 2 and 32 (1) 7 of the Promotion of respective Game Industry Act;

1. Selection of imprisonment with prison labor (the punishment of defendants to imprisonment with prison labor in consideration of the fact that they are the operators of the illegal game of this case);

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the probation is a game product with strong speculative behavior under Article 62-2 of the Criminal Act, risk of recidivism;

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