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(영문) 서울남부지방법원 2018.05.10 2017고정303
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative director of Corporation D.

On February 13, 2016, the Defendant entered into a sales license agreement with a Chinese game company that produces "E" game, and entered into a game service contract with a Chinese game company that has produced "E" game, and applied for classification of the rating for the said game to the Committee on Water Management around June 13, 2016, and was classified into three accounts available for juveniles' non-use, one user, and five hundred thousand won per month purchase limit.

Although anyone is prohibited from providing a game product for the distribution or use of, or displaying or storing for, a game product different from the rated content, the defendant had F, a user of the above game, purchase the game machine of KRW 9,75,000 on August 2016, 201, KRW 28,010,000 on September 28, 2016, and KRW 29,270,000 on October 2016.

As a result, the defendant provided game water different from the contents of the rating.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with F on October 8, 2016, and details of E purchase.

1. Investigation report (to submit details of H purchase and details of deposits);

1. The defendant's written statement and data submitted (related to the error in crowdfunding);

1. Application of statutes to each game water management committee upon inquiring of each fact;

1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to the assertion that there is no composition requirement

A. The Defendant and the defense counsel asserts that the monthly purchase limit of the game of this case to users (the monthly purchase limit of 500,000 won per user; hereinafter “the purchase limit of this case”) does not constitute the contents of the game products subject to rating classification.

(b) However, the contents of the game product as well as its own contents.

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