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(영문) 광주지방법원 2017.09.22 2017고단2812
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to run a general game providing business providing game products which has not been classified as an unauthorized business or rating may conduct business with the permission of the head of a Si/Gun/Gu, and no person shall provide the distribution or use of game products which have not been classified, or display or store such products for such purposes;

Nevertheless, from January 23, 2017 to February 25, 2017, the Defendant, without obtaining permission from the head of the Dong-gu Gu, operated a game providing business by installing 11 game machine, which is a game product that was not classified on the second floor of the building located in the Dong-gu, Gwangju-si, Gwangju-si, and allowing many and unspecified customers to use the game machine.

Accordingly, the defendant operated a general game providing business without obtaining permission from the head of the Gu, and provided the game water that was not rated.

2. No person shall make a business of exchanging or arranging such exchange or repurchase tangible or intangible results obtained through the use of game water;

Nevertheless, while operating the game room as described in paragraph 1, the defendant exchanged 10,000 won per 1,000 points earned through game water.

Accordingly, the defendant was a business to exchange tangible and intangible results through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of statutes on site photographs requesting cooperation in investigation into police seizure records;

1. Article 44 (1) 2, Article 32 (1) 1 and 7, subparagraph 2 of Article 45, and Article 26 (1) of the Act on the Promotion of Game Industry concerning the relevant facts constituting an offense (to be punished by imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Confiscation and collection;

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