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(영문) 대전지방법원 천안지원 2018.08.17 2018고단919
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” game forum in South-gu, South-gu, Dong-gu.

No one shall engage in the business of using or providing a game product different from the game product classified for a rating or exchanging a tangible or intangible result obtained through the use of a game product, and no game products-related business entity shall engage in gambling or other speculative acts by using game products.

Nevertheless, from March 15, 2018 to June 26, 2018, the Defendant installed 50 game machine for the “alternative game”, which was modified to create and display specific points as a result of appearing on the screen by chance, unlike the contents classified by the Committee on Water Management, and provided it to unspecified customers, and then exchanged the remaining amount after deducting 10% of the points obtained through the game in cash in accordance with freezing, by calculating the points obtained by the customers as KRW 2,00 to KRW 10,00,000.

As a result, the defendant used and provided game water different from the game water classified as rating, exchanged the results obtained through the use of the game water, and allowed the game to do gambling and other speculative acts by using game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police with regard to F;

1. Each written self-statement;

1. A seizure list;

1. Responses based on the results of appraisal (versathal police station in the Seocheon-do);

1. Application of statutes on permission for the business of producing general games;

1. Article 45 of the pertinent Act on criminal facts, Article 45 subparag. 4, Article 32(1)2 of the Act on the Promotion of Alternative Game Industry (the point of providing game products different from the game products classified as the rating), Article 44(1)1, and Article 28 subparag. 2 of the Game Industry Promotion Act (the point of engaging in speculative acts using game products), and Article 44 of the Game Industry Promotion Act.

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