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(영문) 서울동부지방법원 2013.06.26 2013고정1307
게임산업진흥에관한법률위반방조
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From May 9, 2012 to May 11, 2012, the Defendant and C operated a game room on the first floor of Seongdong-gu Seoul Metropolitan Government D, without any trade name, provided “sea camping machine”, which is a game product not rated by the Game Rating Board, to unspecified customers, and made it easy for them to commit the crime of the above C by providing customers with drinking water and cleaning, etc. for the said period as an employee, with the knowledge of the fact that customers engage in cash exchange business with points obtained through the use of game products. The Defendant, as the inner president, entered into a lease agreement on the building of the above game place on April 26, 2012 under his/her name, and managed it from May 9, 2012 to May 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry of the Selection of Punishment, Article 32 (1) of the Criminal Act (the point of aiding and abetting the use of game products classified below grade), Articles 44 (1) 2 and 32 (1) 7 of the Promotion of the Game Industry Act, Article 32 (1) of the Criminal Act, and selection of fines, respectively;

1. Articles 32 (2) and 55 (1) 6 of the Criminal Act, which are statutory mitigation;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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