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(영문) 광주지방법원 목포지원 2013.03.21 2013고단158
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 who conducts a general game providing business under the trade name of “C” on the second floor of the building B at Sinpo City.

From September 22, 2012 to October 10, 2012, the Defendant set up 40 game machine “scambling” in the instant game room and provided them for customers’ use.

The game work was classified into the contents that users capture the water scrap by manipulating the rash with the rash, and that the appearance of the rash, original, rash, and rash on the screen was done in a simple background without any influence on the progress of the game, and that there was no function to inform the winning in advance.

Nevertheless, the Defendant, on the screen, has an example function of informing him of the fact that he will result in winning up to 400,000 points if he shows soften, original, fry, and saturged, and changed the contents of the above game products to automatically capture the items in the winning section, and provided them for the use of customers.

As a result, the defendant provided game products with contents different from the classification.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, game explanation, meeting result of enforcement support, detection report, and seizure protocol

1. Relevant legal provisions concerning criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the elective Game Industry (In light of the contents of imprisonment and the current status of provision of game products, consideration shall be given to the fact that a game room with strong speculativeness is operated, and a game room is operated without small scale and daily sales are relatively large);

2. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the person is the first offender, and the confession and reflects the crime);

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

4. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

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