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(영문) 광주지방법원 2014.07.22 2014고단1751
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

The Defendant is a person who, from November 13, 2013 to November 22, 2013, installed a 45 game machine in the “D Gameland” located in Gwangju Northern-gu C and operated the said game room.

No one shall distribute, provide for use, exhibit or keep the contents of game products different from those of the game products rated.

The above Obow Game is a pure ability game in which, if 9 pictures were presented, 20 points points are obtained if they are the games found among the six different games located on the left side of the screen while memorying the most emerging, and if they are the correct answers, 20 points are met, and the number of times the games are closed three times, and the results obtained until that time are the games are classified as game products which do not run, and the game requires user's memory and confluence.

Nevertheless, unlike the contents of the rating, the Defendant obtained scores regardless of the user’s choice, such as not being awarded scores even though the conditions for obtaining scores were not given in a specific section, while selecting other pictures that are not the most emerging, and enabling to obtain scores, etc., and provided customers with the game products modified to function of so-called “Meata” where the game is carried out again with the gains obtained by the end of the game even after the completion of the game.

As a result, the defendant provided game products different from the rating contents to customers for use.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Records of seizure and the list of seizure;

1. Investigation report (on-site conditions, control details, etc.), on-site photographs;

1. Application of the Acts and subordinate statutes governing enforcement and support;

1. Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Game Industry concerning facts constituting a crime, the selection of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Confiscation of the Criminal Act;

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