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(영문) 광주지방법원 해남지원 2016.01.21 2015고단485
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

No one shall provide for the distribution or use of, or display or keep for, a game product which has not been classified into a rating, or exchange such a game product with a tangible or intangible result obtained through a game product.

Nevertheless, from September 8, 2015 to September 18, 2015, the Defendant installed 15 Yamatoto and 15 strawle, which is a game product that was not classified as “Class C 2” on the south of the world from September 8, 2015 to September 18, 2015, offered it to many and unspecified customers for use, and had customers exchange 9,000 won after deducting 10% of the above fee from the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A protocol of seizure and a list of seizure;

1. An explanatory note and a report on the control of place of business concerned;

1. Responses with the results of appraisal;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2, Article 32 (1) 1 (the point of providing water in the category ungrade game) of the Act on the Promotion of Alternative Game Industry, and Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point of providing money exchange business);

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. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act;

1. Application of the sentencing criteria;

A. Violation of the Act on the Promotion of Game Industry due to the act of providing game products classified as ungraded games [the scope of punishment] 3 types of illegal game products (the speculative business, etc. using game products) and the basic area (from August to January 6) (the special sentencing person]

B. Violation of the Act on the Promotion of Game Industry due to money exchange business [the scope of recommendations] 2 types (the business of arranging money exchange, arranging money exchange, and re-purchase) such as the provision of illegal game water.

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