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(영문) 대구지방법원 2016.01.14 2015고단5484
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

1. A person who intends to operate an Internet computer facility providing business without registration, and to run an Internet computer game facility providing business shall register with the competent administrative agency;

Nevertheless, from August 17, 2015 to September 9, 2015, the Defendant provided 337 games that can be connected to PC to the unclaimed customers by installing PC 4 without registering with the competent authorities.

2. The Defendant: (a) installed PC 4 p.m. at the time and place specified in paragraph 1; (b) received a separate manager page at the Defendant’s cell phone, contrary to the rating classification; and (c) provided 337 games, the contents of which are modified to enable customers to use the game machine without the Defendant’s certification; and (d) made customers to directly charge the game machine and to recover the changed contents, using the manager page; and (e) made them available to unspecified customers.

As a result, the defendant provided game products that are different from the classification of classification to customers for use.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation report (related to verification of unregistered operation of PC room);

1. Responses with the results of appraisal;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning criminal facts, Articles 45 subparagraph 2 of the Act on the Promotion of Alternative Game Industry (the point of running the business of manufacturing unregistered Internet computer facilities), Article 26 (2) (the point of running the business of manufacturing unregistered Internet computer facilities), Article 45 subparagraph 4 of the Game Industry Promotion Act, and Article 32 (1) 2 (the classification of the rating and the point of providing other game products) of the Act on the Promotion of Game Industry, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) is engaged in the business of manufacturing non-registered Internet computer facilities;

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