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(영문) 창원지방법원 2014.02.21 2013고단3491
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 an unregistered game room on the first floor of the Kimhae-si, without a trade name.

No one shall provide game products for distribution or use, or display or keep for such purposes, which have not been rated by the Game Rating Board, and shall exchange, exchange, arrange for exchange or repurchase the results of tangible or intangible obtained through the use of the game products for business purposes.

Nevertheless, from February 2, 2013 to July 16, 2013, the Defendant established 20 game 20 games which did not receive a rating in the said game, and let unspecified customers find the said game and provide them for use, and made money exchange by calculating the points obtained through the game machine as KRW 13,500 and paying them in cash.

As a result, the defendant provided game products that are not classified into rating, and carried out money exchange business of the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G;

1. Requests for the results of appraisal;

1. Copies of bankbooks and letters;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a field photograph and a copy of the seized article);

1. Relevant legal provisions of facts constituting an offense, Articles 44 (1) 2, 32 (1) 1 (the point of providing a game product with no classification) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and the choice of imprisonment, respectively;

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

3. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing).

4. Probation and community service order under Article 62-2 of the Criminal Act;

5. The confiscation industry and the promotion of the game industry;

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