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(영문) 서울서부지방법원 2015.11.05 2015고정1250
게임산업진흥에관한법률위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner who operates a scamba in the name of “C” on the 3rd floor of Seodaemun-gu Seoul.

A person who intends to operate an Internet computer game facility providing business shall prepare facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu, and may not conduct an Internet computer game facility providing business in

Nevertheless, the Defendant, without registering the business of providing Internet computer game facilities to Seodaemun-gu Office, installed 74 Internet computer facilities in a school environmental sanitation and cleanup zone from November 7, 2014 to March 15:30, 2015, and operated the business of providing Internet computer game facilities to customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, subparagraph 2 of Article 45, Article 26 (2) of the Act on the Selection of Game Industry and Promotion of Punishment, Article 19 (2) and Article 6 (1) 16 of the School Health Act, and selection of fines for negligence in the school environmental sanitation and cleanup zone;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant: (a) succeeded on May 27, 1998 from E that he opened the instant scamba, and succeeded on January 1, 2007, and thus, constitutes a person with the right to obtain permission; (b) it does not violate the law; and (c) even if the instant scamba is within the school distance, it does not have any influence on students; and (d) it

2. An area where facilities or schools already established at the time of the implementation of the Act are newly established, in school environmental sanitation and cleanup zones where acts, such as providing Internet computer game facilities, and facilities are prohibited.

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