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(영문) 창원지방법원 통영지원 2014.07.21 2014고단385
게임산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a party hall in the name of “C Party Head” in macro-si B.

No one shall provide game products not classified for use, display or keep them for such purposes, and exchange, arrange for exchange or repurchase the results of tangible or intangible obtained through the use of game products, or engage in speculative activities as a business using speculative gaming machines.

Nevertheless, from February 20, 2014 to March 17:00, 2014, the Defendant: (a) installed five sports posters game using a speculative machine, which was not classified by the Game Rating Board, in the above Gu from the above Gu from February 20, 2014 to March 18, 2014; (b) provided to unspecified multiple customers for use; and (c) exchanged 100 won per 100 points earned by the above customers by paying to customers.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the photograph printed materials, seizure records, seizure list and report certificate for athletic facility business taken at the time of crackdown;

1. Relevant Article of facts constituting a crime, 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 Act on Promotion of the Game Industry, and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and Selection of Imprisonment with labor;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of the Game Industry Confiscation and Article 48(1)1 of the Criminal Act is the defendant, who operates his/her business using a speculative machine at the same place, and is under control.

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