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(영문) 창원지방법원 2018.09.14 2018고단1610
게임산업진흥에관한법률위반
Text

Defendant

A The defendant shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall provide for the distribution or use of, or display or keep for, a game product which has not been rated, and no one shall exchange, arrange for exchange or repurchase the intangible results obtained through the use of the game product for a business.

Defendant

A is a business owner who operates a window of Changwon-si and an unauthorized Game Center without the trade name of the first underground floor, and the defendant B is an employee who is employed by the head of the above game room after receiving KRW 120,000 per day.

From February 12, 2018 to March 8, 2018, from around 19:40 to around 19:40, the Defendants installed the game machine for “Yamamamato” game, 13, 2, 2, 2, and 19, 2, 3, and 19, from around 12, 2018 to around 19:40, the Defendants paid gift certificates from points acquired through the use of the game product to 4,500 won after deducting 10% commission from 5,00,000 won per sheet.

As a result, the Defendants conspired to use the game water which was not rated by the Committee on Water Management of the Game, and used it as a business to exchange intangible results obtained through the use of the game water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on seizure records;

1. Article 44 (1) 2, Article 32 (1) 1 and 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

1. Imprisonment with prison labor or a 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. Suspension of execution, and Articles 62 (1) and 62-2 (1) of the Criminal Act of the community service order;

1. Article 44 (2) of the Confiscation Industry Promotion Act;

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

1. The sentencing of Article 334 of the Criminal Procedure Act is 1.2.

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