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(영문) 창원지방법원 통영지원 2013.04.04 2012고단1109
게임산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 12, 201, from around 12:00 to 17:20 of the same day, the Defendant provided 40 game products to customers in a way that, by changing the operating division of equipment, such as removing booms, and attaching I/Oboards that do not receive any rating, the Defendant installed 40 game machine of “M” contents different from the contents of the rating, and, at the same time, many unspecified customers who found the same place automatically put in the game machine, the game automatically proceeds in the game, and the objects such as lockeds and frys appear on the screen of the game.

In addition, if the defendant requests customers to exchange free gifts equivalent to KRW 5,00 per piece of gift obtained through the above game machine, the defendant exchanged KRW 4,500 per piece of gift.

As a result, the Defendant provided game products different from the contents of the rating, and conducted the exchange of results obtained through game products as well as the exchange of game products, and conducted the above speculative business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing appraisal results and correspondence;

1. Article 44 (1) 2 of the relevant Act on Criminal facts, Articles 32 (1) 7 of the Act on the Promotion of the Game Industry Selection and Punishment (the point of a game product exchange business), Article 45 subparagraph 4 of the Act on the Promotion of the Game Industry, and Article 32 (1) 2 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, such as Speculative Acts, etc. (the point of providing game products different from classification);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) 1 of the Criminal Act;

1. The operation of the illegal game room, such as the crime of this case, based on the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order, is promoting an excessive spirit of gambling and impairing the sound sense of work.

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