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(영문) 창원지방법원 2015.10.22 2014고단2682
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is the owner of "DPC room" on the second floor of the building C in Changwon-si, and the defendant is the employee of the above game room.

No one shall provide game products not rated by the Game Rating Board for distribution or use, or exchange or arrange exchange or repurchase the intangible results obtained from the use of the game products for business purposes.

Nevertheless, the Defendant, in collusion with B, set up PC 12 in the said game site from August 26, 2013 to September 17:00, 2013, and made it possible for the Defendant to have access to the Japanese game (former) in which domestic performance is obstructed by not being classified by the Game Rating Board by using the game software rating committee (VPN), thereby making it possible for customers to have access to the Japanese game (former) where domestic performance is obstructed by not being classified by the game software rating committee, thereby allowing customers to use the said game site, and by making the amount obtained by deducting 10% exchange fees from the points obtained through the use of the game product to the customers in cash, the Defendant carried out the business of using, providing and exchanging the unpaid game products.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each statement of F, G and H;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of on-site photographs, certificates of registration of providers of Internet computer game facilities, and Acts and subordinate statutes for requests for appraisal;

1. Relevant Article on criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection and Punishment, Article 30 of the Criminal Act ( point of providing game products not rated), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

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