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(영문) 서울동부지방법원 2005. 2. 15. 선고 2004고정491 판결
[음반·비디오물및게임물에관한법률위반][미간행]
Escopics

Defendant

Prosecutor

Iseutron

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Seized articles listed in the attached list (Evidences 1 through 5) shall be confiscated from each defendant.

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

The Defendant is the person operating a general game room called "Hun" on the first floor of the building located in the Gwangjin-gu, Seoul Special Metropolitan City. While a game providing business entity was prohibited from providing free gifts in a manner determined and publicly notified by the Minister of Culture and Tourism, in collusion with Nonindicted 1, an employee, and around December 16, 2003, the “wait Forest” game machine installed in the above game room was classified in a state without a gift payment function at the time of receiving the said game classification and provided free gifts to customers, although it was unable to receive free gifts such as a handcil, etc. in the above game machine, the Defendant offered free gifts to customers in name by placing such premiums such as handcilty, etc. in the game machine together with the handcil.

Summary of Evidence

1. Part of the defendant's legal statement;

1. The legal statement of the witness Nonindicted 2

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Results of each fact-finding to the Chairperson of the Korea Media Rating Board and the Minister of Culture and Tourism;

Application of Statutes

1. Article applicable to criminal facts;

Article 50 subparag. 3 and Article 32 subparag. 3 of the Sound Records, Video Products and Game Software Act, and Article 30 of the Criminal Act (Selection of Fine)

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334 subparagraph 1 of the Criminal Procedure Act

According to the fact-finding results with respect to the Chairman of the Korea Media Rating Board of this Court, the instant “waton game” game was classified as a game by the method of inserting a medal in the face of July 29, 199 at the time of classification into the game, and if the method of game was changed to use it as a game tool or to provide it to game users, it is deemed that the game is to be classified again. Therefore, the instant “waton game” game falls under the game classified prior to the notice of the Minister of Culture and Tourism of February 9, 2002, but it is not permitted to use it as a game tool or provide it to game users, regardless of the previous price of the gift. In addition, it is the purport of the inquiry about the Korea Media Rating Board of May 8, 2004 and the purport of the inquiry about the Korea Media Rating Board of Culture and Tourism as the result of delivery of a certified copy of the document authentication statement of this case 14th of investigation record, the purport of the inquiry about the Korea Media Rating Board of May 20, 204.7.

[Attachment List omitted]

Judges Kim Jae-py

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