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(영문) 대구지방법원 2016.03.11 2015고단6169
게임산업진흥에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, and for ten months, each of the defendants B.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

From July 1, 2015 to August 11, 2015, the Defendants offered to customers a game room with contents different from those of the game classified as the class E, and offered to operate a game room by means of money exchange. Defendant A, unlike the contents classified as the class, installed 30 game type 2 in the entertainment room and Defendant B exchanged 10% of the total amount of 10% of the points acquired by customers.

As a result, the Defendants conspired to provide game products different from the rating classification, and exchanged them to customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (report of illegal acts), internal investigation reports, response to results of enforcement support, investigation reports (Attachment to photographs taken at the time of enforcement);

1. Relevant legal provisions on criminal facts

(a) The provision of game water of a content different from that of the game classified as a rating: Article 45 Subparag. 4 and Article 32 Subparag. 1 Subparag. 2 of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act;

(b) point of exchanging results of a business-based game: Article 44(1)2 and Article 32 subparag. 7 of the Promotion of each Game Industry Act, Article 30 of the Criminal Act.

1. Selection of punishment (the Defendants)

1. Aggravation of concurrent crimes (to the extent that the combined total of the long-term punishments of two crimes) under the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act;

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

1. The community service order (defendant B) under Article 62-2 of the Criminal Act;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of recommendations) 2 (the business of arranging and re-purchasing exchange) such as providing illegal games with water;

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