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(영문) 대구지방법원 2020.06.18 2020고단1814
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who provides Internet computer game facilities in the name of “CPC bank” in Daegu Northern-gu B.

No one shall provide game products, the contents of which are different from the classification obtained, for distribution or use.

Nevertheless, from April 19, 2019 to February 13, 2020, the Defendant provided the game money by means of direct charging to the customers who found the game money in the above CPP from around April 19, 2019 by acquiring the game money through the purchase of an Abane. Unlike the content of the rating classification, the Defendant provided the game money by means of direct charging to the customers by receiving cash from the customers and filling the game money through the manager's page.

As a result, the defendant provided game products with contents different from the contents of the classification.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (attaching a reply letter on the result of appraisal by the Game Rating and Administration Committee);

1. Photographs attached to the report of internal investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment on illegal game products: [No person who has a special appearance] which is different from the classification of game products [No person who has a special appearance]; basic area of recommendation [the scope of recommendation area and recommendation range]; six months to one year and two months;

3. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime, and

Unfavorable circumstances: Crimes with great social harm are corresponding to them.

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