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(영문) 창원지방법원 2020.11.03 2020고단1968
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

No one shall provide game products for the distribution or use, or display or keep them for such purposes, which have not been classified by the Game Products Management Committee, and shall exchange tangible or intangible results obtained through the use of the game products.

Nevertheless, from February 10, 202 to February 18:10, 2020, the Defendant set up 10 outdoor game machines and operated 10 outdoor game machines and 4 outdoor game machines which were not classified by the Game Management Committee on the fourth and fourth floor from the Chang Sea-si from around February 10, 2020, and provided them to the unspecified number of customers who found the game site while operating the game site, and exchanged 5,000 won per one point upon request for exchange of game scores which are the result of tangible or intangible game acquired by customers through the game.

Accordingly, the defendant provided game products not classified by the Game Management Committee for use, and exchanged of tangible and intangible results obtained through the use of game products for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The detection and report of each statement, internal investigation reports, records of seizure and list of seizure, reports on analysis of digital evidence, replies of appraisal results, and the application of Acts and subordinate statutes reporting on investigation;

1. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1 (which provides for the use of game products not rated), 44 (1) 2, and 32 (1) 7 (which conduct business of exchanging results acquired through games) of the Act on the Promotion of Alternative Game Industry, and Selection of Imprisonment with labor;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 44 (2) and (1) of the Act on the Promotion of Additional Collection of Game Industry (the calculation of the acquisition amount of criminal proceeds);

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