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(영문) 춘천지방법원 강릉지원 2013.04.11 2013고단117
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 15, 2010 to October 12, 2010, the Defendant: (a) installed a bluon game product, the rating classification of which was revoked by the Game Rating Board on June 29, 2010, in 2010, on 24 computers; and (b) provided an unclassified game product to unspecified customers who found the game site for use. On September 15, 2010, the Defendant provided the game products for use. From around September 15, 2010 to October 12, 2010, the Defendant produced the subscription cPC phone that is entitled to use the bluon game product as above, and sold the game products after receiving 50,000 won per 1 cculon to the users of the game products; and (c) provided the game products with “GS 50,000 gift certificates” in accordance with the remaining points.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (related to the cancellation of rating of game products in Bluos);

1. Application of Acts and subordinate statutes on response to enforcement support;

1. Article 44 (1) 2, Article 32 (1) 1 (the point of providing game products not rated, the choice of imprisonment), Article 44 (1) 1-2, and subparagraph 3 of Article 28 of the Act on the Promotion of the Game Industry concerning criminal facts (the point of encouraging speculation and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Punishment, etc. of Fines for the same crime);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) 1 of the Criminal Act or above;

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