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(영문) 창원지방법원 2017.09.14 2017고단2609
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a C party room in the 8th floor of Kimhae-si B building in Kimhae-si.

No one shall distribute or use, display, or store game water which has not been rated by the Game Water Management Committee, or no one shall engage in a business exchanging tangible or intangible results obtained through the use of game water.

From early October 2016 to March 24, 2017, the Defendant: (a) drafted a 10-10-4 game room near the head of the above C party room; (b) installed three game rooms for physical posters games not classified by a meeting of the game water rating members; (c) granted 10,000 points in cash to unspecified customers who find the place, 50 points in cash, allowing them to use the said speculative game water, and exchanged the remaining points in cash of KRW 10,000 per 50 points.

As a result, the defendant provided game water that was not classified as a rating for use, and carried out money exchange business as a result of the acquisition through game.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the site photographs, records of seizure, and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 44(1)2, 32(1)1 (the point of providing game products not classified as the rating), Article 44(1)2, and 32(1)7 of the Act on the Promotion of Game Industry Promotion (the point of providing game products exchange) concerning criminal facts, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. A second-class crime that has no basic area (from August to one year and six months) (the person subject to special sentencing) of the three types (the scope of recommending punishment) including the provision of illegal game water use, etc. [the scope of recommending punishment] of the second-class crime (the business of exchange, intermediation of exchange, and repurchase).

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