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(영문) 창원지방법원 2021.01.20 2020고단3426
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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 C in Kimhae-si, Kim Jong-si.

No one shall commit an act that undermines the distribution order of a game product, and no one shall provide a game product with contents different from those of the game product for the distribution or use, or display or store such product for such purpose.

Nevertheless, from July 2019 to July 10, 2020, the Defendant installed PC 5 units in the said business establishment from around July 2019 to July 10, 202, and “portal barine”, etc., which was classified by the Game Water Management Committee, obtained game items when purchasing game items by using capital charged through pay payment, unlike the contents of the rating classification, provided the changed game items by receiving cash from customers and directly charging game money on the manager’s website, and exchanged them in cash after calculating 10,000 won per game money request.

As a result, the defendant provided game products different from the rating classification to customers, and exchanged intangible results obtained through the use of game products as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. A report on investigation (calculated additional collection charges);

1. Application of the CCTV screen data and the Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 7 (the point of a money exchange business of a result through the use of game water), Article 45 subparagraph 4, and Article 32 (1) 2 (the point of a rating classification and of a provision for the use of other game products) of the Game Industry Promotion Act, and each choice of imprisonment with prison labor;

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. Article 44(2) and (1) of the Confiscation Industry Promotion Act, and Article 48(1) of the Criminal Act.

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