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(영문) 전주지방법원 군산지원 2013.10.17 2013고단867
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

From October 20, 2012 to November 1, 2012, the Defendant operated an amusement room in the name of “C” on the 3rd floor of the following City: (a) installed 40 game instruments in which game products, which are the item of a lux buster, are stored in the said amusement room.

The above game products are classified by the Game Rating Board with the content that the distance between the main machine used to obtain free gifts is 0.6 seconds, not by using external devices, etc., but by using external storage devices (USB) so that the distance between the main machine was easily changed so as to obtain free gifts by reducing the distance between 0.2 to 0.25 seconds, the Defendant conducted the game products using external storage devices (USB) so that customers who found in the above entertainment room can perform the altered game as above, and customers were offered free gifts obtained as a result of the game and exchanged 10% fees.

As a result, the defendant provided game products different from the contents of the classification to customers for use, and exchanged tangible and intangible 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. Certificates of registration of juvenile game providing business operators;

1. Game description;

1. Records of seizure and the list of seizure;

1. Photographs;

1. A report on investigation (Attachment to photographs of the place prior to the exchange), photograph;

1. Application of the Acts and subordinate statutes governing the results of enforcement support;

1. Relevant Article on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry Eligible for Punishment (the point of providing game products different from the game products rated), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point of providing game products exchange business with results of a game), and the selection of imprisonment, respectively;

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 provides that the defendant who has led to the confession of the crime of this case, and the defendant is repented of wrong facts, and there is no previous difference between him and her.

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