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(영문) 대구지방법원 안동지원 2015.05.19 2015고단50
게임산업진흥에관한법률위반
Text

1. The Defendants shall be punished by imprisonment for one year.

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

1. On March 2013, the Defendants had the intent to sell a dog or altered game machine different from the content of the rating classification. On March 2013, the Defendants received KRW 28 million from a person who was unaware of the name operating the game room in the E market located in Gangseo-si, Gangnam-si, Suwon-si, and sold the same to the owner of the said game room.

Therefore, the Defendants conspired to distribute a modified game machine different from the content of the classification.

2. On April 2013, the Defendants had the intent to sell a dog or altered game machine differently from the content of the rating classification. On April 2013, the Defendants received KRW 28 million from the I operating the said game machine in the H Gameland located in Ansan-si, Haman-si, Anndong-si, and sold 40,000,000,000,000,000,000,000 won.

Therefore, the Defendants conspired to distribute a modified game machine different from the content of the classification.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning J;

1. Each prosecutor's statement concerning I, K, L, and M;

1. Statement of the N in the police station;

1. Details (e.g., description) of rating classification for the F game machine;

1. A rating classification certificate;

1. Application of investigation reports (Attachment of data of the Game Rating Board related to the F Game Rating) Acts and subordinate statutes;

1. Relevant Article 45 of the Act on the Promotion of Game Industry and the Defendants’ Selection of Punishment: Article 45 subparagraph 4 of the same Act and Article 32 (1) 2 of the same Act and Article 30 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing following the following grounds);

1. Defendants on probation and community service order: The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is the general public in terms of distributing game products different from the classified game products.

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