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(영문) 광주지방법원 2014.03.26 2014고단452
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates a game room on the first floor of the building located in the Dong-gu Seoul Metropolitan City.

No one shall provide for the use of game products with the contents different from those of the game products rated by the Game Rating Board, or exchange or arrange exchange or repurchase the results obtained through the use of the game products for business purposes.

On December 15, 2010, from around 10:00 to January 16:10, 201, the Defendant: (a) obtained 1,000 points or more from the Game Rating Board as a game machine classification (at least 5,00 points if acquired at least 5,00 points, discharge of free gifts) from the said Game as a game machine; (b) obtained 1,000 points or more from the Game Rating Board; and (c) made an unspecified number of customers to play a game; and (d) 4,500 won per fee deducted from 500 won per game.

As a result, the defendant provided an unspecified number of customers with game products different from the contents of the classification, and acquired criminal proceeds of 79.50,000 won for money exchange business.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, and I;

1. Reporting on detection of business places violating the Game Industry Promotion Act;

1. Records of seizure and the list of seizure;

1. A certificate of cash seizure in a game room;

1. On-site photographs;

1. Requests for cooperation in investigation, replys, and application of investigation reports to Acts and subordinate statutes;

1. Punishment of facts constituting an offense under subparagraph 4 of Article 45, Article 32 (1) 2 ( point of using or providing game products different from the classification), Article 44 (1) 2, and Article 32 (1) 7 ( point of exchanging results acquired through the use of game products) of the relevant Act on the Promotion of Game Industry, and the selection of imprisonment with prison labor;

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is due to the heavier exchange activities;

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