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(영문) 대법원 2014.05.29 2014도12
게임산업진흥에관한법률위반
Text

The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

Reasons

The grounds of appeal are examined.

The subject of classification prescribed by the Game Industry Promotion Act (hereinafter referred to as the "Game Industry Promotion Act") is the contents of the game product or the program license itself, i.e., the contents of the game product or the description of the contents of the game product attached thereto.

Therefore, Article 32(1)2 of the Game Industry Act provides game products with contents different from those of the rating classification application for the purpose of using the same. Of course, an act of adding the essential functions not stated in the above application form or explanation as well as an act of changing the contents of the application form or explanation attached thereto as well as an act of changing the contents of the application form or explanation attached thereto is included (see, e.g., Supreme Court Decision 2007Do7467, Nov. 29, 2007). However, it cannot be deemed that the act of assisting game users in the use of the game products and providing a separate long-term medium term device

According to the evidence duly admitted and examined by the court below, the game content description attached to the application for classification of the game of this case is explained as follows: ① "The game content description attached to the application for classification of the game of this case is that "the game of this case shall not proceed automatically in the game of this case where the character, which caused the stone in the screen, is partitioned into a studio and a studio studio, is opened and opened on the left and left by the string, and as a result, the game of this case, which is a single type of game for the game providing business in which the items card is discharged, it shall not be allowed to achieve the purpose of the game of this case without using simple operation or external apparatus, etc. conducted by the users of the game of this case by pure real force, taking into account the overlap between the users of the game of this case and the running speed and running direction of the Montreal master, and ② the defendants provide the game of this case to customers."

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