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(영문) 서울중앙지방법원 2013.05.02 2013고단1435
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 has operated a game room with no trade name on the fourth floor of Seongbuk-gu Seoul Metropolitan Government building from February 1, 2013.

1. No person shall provide game products for distribution or use which have not been classified, or display or keep them for such purposes;

Nevertheless, from February 1, 2013 to February 12, 2013, the Defendant established five game machine for “nives” and 35 game machine for “lives”, which were not classified by the Game Rating Board, in the said game room, from around February 1, 2013 to February 12, 2013, and provided an unspecified number of customers with game using the said game machine for their use.

2. No one shall exchange, arrange for exchange or repurchase tangible or intangible results obtained through the use of game products as a business;

Nevertheless, the Defendant, at the time, at the same time, at a place as mentioned in the above Paragraph (1) above, operated one chip per point 5,000 points acquired by many unspecified customers in the game machine, and exchanged 4,500 won per chip with the exception of 500 won per fee, and exchanged the results of tangible and intangible results acquired through the use of the game product.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Records of seizure and the list of seizure;

1. Video CDs;

1. Application of statutes on site photographs;

1. Relevant Article of the relevant criminal facts and Article 44 (1) 2, and Article 32 (1) 1 and 7 of the Act on the Selection of Punishment and Promotion of Game Industry (Selection of Penalty of Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 44(2) of the Act on the Promotion of Confiscation Industry;

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