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(영문) 의정부지방법원 2015.08.04 2015고단776
게임산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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. The Defendant violated the Game Industry Promotion Act from January 9, 2015 to January 21:05, 2015, set up four game apparatuses for physical posters, which were not rated in the “D party room” operated by the Defendant in Yangju-si, and offered them for use by many and unspecified customers, and exchanged the scores obtained by customers using the said game machine in KRW 10,00 per 50.

As a result, the defendant provided game products that have not been rated for use, and exchanged of tangible and intangible results obtained through the use of game products for business purposes.

2. The Defendant violated the Installation and Utilization of Sports Facilities Act: (a) from January 7, 2015 to January 21:05, 2015, the Defendant carried on the party room business, which is the sports facility business, under the trade name, “D party hall” without reporting the sports facility business to the head of both competent authorities, at the same place; and (b) from January 17,

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seized articles, and photographs thereof;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 44 (1) 2, Article 32 (1) 1 (the point of providing game products not rated), Article 44 (1) 2, and Article 32 (1) 7 of the Game Industry Promotion Act (the point of providing game products without grade), Article 32 (2) 1, and Article 20 of the Installation and Utilization of Sports Facilities Act on criminal facts;

1. Selection of each sentence of imprisonment with prison labor for the choice of the sentence (with regard to the fact that there are records of multiple punishment for the same kind of crime);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (no record of punishment exceeding a fine for the same kind of crime, and other consideration such as the period and scale of the crime in this case, the profits earned by the defendant, etc.);

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

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