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(영문) 대구지방법원 2014.11.07 2014노2639
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment for one year.

Defendant

A 1,300,000 won;

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment, 1.3 million won of additional collection, 1.3 million won of imprisonment, 1 year of additional collection, 200 million won of additional collection) declared by the court below to the Defendants.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor applied for changes in indictment with respect to the Defendants’ facts charged at the trial of the court below, and this Court permitted the changes in the subject of the trial. Thus, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

No one shall exchange or arrange the exchange or repurchase of tangible or intangible results obtained through the use of game products, or conduct a business of repurchase, and shall provide game products with contents different from the game products rated for use.

1. Defendant A, B, and F cannot accomplish the purpose of the game by opening an adult game room in south-gu G at port and using simple manipulation or external devices. The above Defendant B and F agreed to operate the game room in such a way that they exchange the item card discharged through the game as a result of the game by setting up a game work different from the classification by setting up an example function and a chain function on the game in order to prevent the establishment of an example function and a chain function. The above Defendant supplied the game machine and item card to be used in the game room. The above Defendant B and F agreed to lease the building of the game room, prepare various houses necessary in the game room, and share the role of employing and managing employees in charge of the management and exchange of the game room.

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