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(영문) 서울동부지방법원 2013.09.25 2013고단1442
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person operating a DPC bank located in Gwangjin-gu Seoul Special Metropolitan City.

The Defendant, between June 15, 2012 and June 29, 2012, from around June 15, 2012 to around June 29, 2012, employed employees E, installed PC 40 units in the said place, provided the said PC with a game product “spoon money,” and provided the said PC to many unspecified customers who found the said PC, and explained the method of using the “spoon money,” installed in each PC inside the said PC to the customers who found the said place, and sold cphones necessary for the use of the game.

However, the game products provided by the Defendant and E are game products with the contents different from the contents of the rating classification of the Game Rating Board, where the function of the so-called “Automatic match” and the so-called “pets”, which make the character in the game automatically match the target object, appear as a game product with the function of automatically hunting the surrounding target object.

In collusion with E, the Defendant provided customers with game products different from the content of the rating classification.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the prosecution against the accused and F in the suspect examination protocol of each prosecution;

1. Some statements among police suspect interrogation protocols of G, E, H, and I;

1. Seizure records;

1. Results of rating classification and search, certificates of registration of providers of Internet computer game facilities, control support meetings, and application of Acts and subordinate statutes concerning details of transactions;

1. Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Game Industry concerning criminal facts, Article 30 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the short-term period in which the defendant runs his business and the profit gained by the defendant seems to be insignificant due to the instant case);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The game provided by the defendant and his/her defense counsel for the reason of conviction under Article 48 (1) 1 of the Criminal Act shall be classified;

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