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(영문) 전주지방법원 군산지원 2016.08.24 2016고단600
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who operates a mutual game forum called “C” in the following cities:

From February 15, 2016 to March 3, 2016, the Defendant: (a) opened 40 games in the “rashing” game machine, which was remodeled to enable customers to run a game solely on the ground of an additional settlement of accounts, according to the appearance of the background screen different from the rating classified by the committee on water management of the game at the above game site; (b) opened 40 games, which was remodeled to enable customers to run a game; and (c) exchanged 10 percent of the remaining points after completion of the game by customers.

As a result, the defendant provided game water different from the game water classified by rating, and used it as a business for the recovery of tangible and intangible results acquired through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement of E (written statement of time);

1. Entry into a protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to response results of crackdown support by the Game Water Management Committee;

1. Relevant legal provisions concerning criminal facts, Article 45 subparag. 4, Article 32(1)2 (a) of the Act on the Promotion of Alternative Game Industry (a point where the rating is different from that of the rating), Articles 44(1)2 and 32(1)7 (a) of the Game Industry Promotion Act (a point where the use of game products is exchanged) concerning criminal facts, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act and Article 48 (1) of the Criminal Act;

1. Sentencing criteria;

A. Class 1 Crimes [Scope of Recommendation] No basic area (from June to January 2) of the first category (the provision of game products that are different from the classification of ratings) including the provision of the use of illegal game products (the provision of game products that are different from the classification of ratings) (the person who is subject to special sentencing)

(b) Class 2 offences.

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