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(영문) 인천지방법원 2012.09.21 2012노1833
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is erroneous in the misapprehension of facts affecting the judgment, even though the defendant, who is a customer, provided game products different from the rating classification contents by allowing F to enter the game without real name certification and to connect F to the ID managed by the defendant without real name certification, by charging points directly at the manager page. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, although the defendant did not provide the game products different from the rating contents.

2. Determination

A. The summary of the facts charged is a person who actually runs the PC room (hereinafter “instant game room”) with the trade name “D” from around April 25, 2011 to KRW 106, Seocheon-gu, Seocheon-gu, Busan (hereinafter “D”).

Anyone who produces or distributes a game product for the purpose of distributing the game product or providing it for the use thereof shall obtain a rating on the contents of the relevant game product from the Game Rating Board before producing or distributing the relevant game product, and have received such rating as such.

Even if the contents of the game product are different from the contents of the rating, it shall not be provided for the distribution or use, or displayed or stored for such purpose.

Nevertheless, from April 25, 201 to April 02:20, 201, the Defendant established eight computers in the said game room and provided the online gambling game, which was rated by the Game Rating Board (hereinafter “instant game”), to the customer F by linking the Internet E-site, and (1) even if the Defendant was rated to run a game by going through the real name certification system, in the said game room, without obtaining the Defendant’s real name certification.

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