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(영문) 대전지방법원 천안지원 2021.02.02 2020고정505
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall provide for the distribution or use of, or display or keep for, a game product different from the contents of a rating, or exchange or arrange for exchange or repurchase of, intangible results obtained through the use of a game product or engage in a business for such purpose.

On May 7, 2020, the Defendant established “CPC room” operated by the Defendant located in the Northern-gu, Seocheon-si, the Defendant: (a) installed “PPC room” on the PC 6th unit located therein; and (b) was originally rated as being able to obtain a game machine free of charge or indirect charging method; (c) despite the fact that the said game was rated as being able to obtain a game machine free of charge or indirect charging method, the Defendant provided, after receiving cash from the customer, the game machine with contents different from the rating obtained by directly charging the game machine and providing it to the customer; and (d) provided, from April 10, 2020 to May 7, 2020, the Defendant operated the game in such a way as to provide the unspecified number of customers with the game machine content different from the rating obtained by the customer in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on a suspect interrogation protocol of the police in relation D (Attachment of a report as a result of control support by the Game Water Management Committee) and investigation report (Attachment of a report on the results of digital evidence analysis of suspect A mobile phone);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 7 (the point of a business exchanging game outcomes) of the Act on the Promotion of Alternative Game Industry, Article 45 subparagraph 4, and Article 32 (1) 2 (the point of a business exchanging game outcomes) of the Act on the Promotion of Game Industry, and the selection of fines, respectively;

1. Aggravation concurrent crimes;

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