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(영문) 창원지방법원 2021.02.09 2020고단3738
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates C in Sungwon-si B and the first floor in Changwon-si.

No one shall provide game water of a content different from those classified by a game water rating member's meeting, and allow anyone to play gambling or perform other speculative acts by using game water or to leave the game so that he/she may do so.

1. On February 23, 2017, from around July 2, 2020 to around July 2, 2020, the Defendant, who provided different game products, installed the said “C” with PC 5 units and, which was classified by the Game Water Management Committee as a class, provided customers with the changed game products by means of direct charging of game money through the manager’s website, even though he/she acquired the game money when he/she purchased it, by using a duplicating capital charged by the Game Water Management Committee.

As a result, the defendant provided game water different from the game water classified as rating for use.

2. The Defendant: (a) paid oophones corresponding to the points that customers acquired through the use of the said game water at the same time and place as described in paragraph (1); and (b) thereafter, upon receipt of the said oophones from customers, entered the said oophones into the game machine to enable customers to resume the game; and (c) made customers able to sell the said oophones to other people and make the said oophones possible.

As a result, the Defendant got anyone to gamble or perform other speculative acts by using game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure, investigation report, application of Acts and subordinate statutes to photographs;

1. Article 44(1)1 of the Act on the Promotion of Alternative Game Industry and Articles 28 subparag. 2, Article 45 subparag. 4, and Article 32 of the same Act concerning criminal facts and Articles 44 subparag. 4 of the Act on the Promotion of Alternative Game Industry.

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