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(영문) 대구지방법원 포항지원 2016.06.01 2016고정9
게임산업진흥에관한법률위반
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 person who operates the 'EPC room' in the north-gu, Northern-si.

1. No one shall provide game water which has not been rated by a game water rating committee member for the distribution or use thereof;

Nevertheless, from May 1, 2015 to June 15, 2015, the Defendant established a 40 game "D2shot", which is a game product that was not classified by the PC's meeting, in the above PC room, and provided it to customers who find out the game.

2. No game products-related business entity shall allow anyone to gamble or perform other speculative acts by using game water, or leave him/her to do so;

Nevertheless, from May 1, 2015 to June 15, 2015, the Defendant: (a) opened 40 units of “D2 Shot” in the said PC room from around May 1, 2015 to around June 15, 2015; and (b) requested customers to return the points acquired after they acquired by using the said game with an incidental outcome, the Defendant issued a chophone corresponding to the point; and (c) in the event the customers incur a certificate of keeping the points, they made customers enter money in the amount of money corresponding to the point and let them do gambling or perform other speculative acts using the said game product; and (d) made customers gain profits equivalent to two million won in total.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G, H and I;

1. On-site photographs;

1. A report on internal investigation (the business place);

Application of Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 44(1)2, Article 32(1)1, Article 21(1) (which means the use and provision of game products not classified) of the Act on the Promotion of Alternative Game Industry, Article 44(1)1, and Article 28 subparag. 2 of the Act on the Promotion of Game Industry (which causes to perform speculative acts or neglects to perform such acts), and each selective fine;

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

1. Article 70 of the Criminal Act to attract a workhouse.

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