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(영문) 인천지방법원 2017.12.20 2017고단7836
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

1. No person who violates the Act on the Promotion of Game Industry according to the provision of game products, the rating classification of which is refused, shall provide game products for use, the rating of which is refused because they fall under the game products of speculative games;

Nevertheless, from September 3, 2017 to September 15:30, 2017, the Defendant provided an unspecified customer with a tentatively called “pathoto” game machine for which classification of rating was refused because it constitutes a speculative game product on the Bupyeong-gu Incheon Bupyeong C and the first underground floor.

2. No person who violates the Act on the Promotion of the Game Industry following money exchange shall engage in the business of exchanging intangible results obtained through the use of game water;

Nevertheless, the Defendant established 24 game machine for “Yamato” game at the date and time and place indicated in paragraph 1, and sold 5,000 points to unspecified customers, and received a request for money exchange from customers who have completed the game using chips, the Defendant confirmed points indicated in the above game machine top, and then deducted and exchanged them to customers by calculating 100 won per point.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. A police seizure protocol (voluntary submission), and a list of seizure;

1. Reporting on detection (the Game Industry Promotion Act);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 44(1)2 and 32(1)4 (a) of the Act on the Promotion of Alternative Game Industry (a point where rating is refused), Articles 44(1)2 and 32(1)7 of the Game Industry Promotion Act (a point where game products exchange business is exchanged) concerning criminal facts, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against the violation of the Game Industry Promotion Act due to the hot result exchange business).

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