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(영문) 창원지방법원 2014.07.18 2014고단504
게임산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 7,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendants are those who worked as employees in the illegal game room with no trade name on the second floor of the building E in Changwon-si operated by D.

No one shall provide game products not rated by the Game Rating Board for distribution or use, or exchange or arrange exchange or repurchase the intangible results obtained from the use of the game products for business purposes.

Nevertheless, the Defendants, in collusion with D, set up 12 PCs in the above game site from June 24, 2013 to July 22, 10, 2013, and made it possible for the Defendants to access to Japanese Han Game (Gulung) in which domestic execution is obstructed by failing to be classified by the Game Rating Board (VPN), using the game software rating committee, thereby providing unspecified large number of customers for use, and the customers, who obtained 9,000 won per 50 points from the use of the game product, deducts the commission of 10 percent from the commission of 500 points from the commission of the game product, to exchange them in cash, thereby making it possible for them to use, provide for, and exchange the game products with unpaid rating classification.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law Nos. 1, 2, 10-19, and 21 to the evidence list submitted by the prosecutor

1. Article 44 (1) 2, Article 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry, Article 44 (1) 2 of the Game Industry Promotion Act, Article 32 (1) 7 of the Criminal Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 44 (2) of the Act on the Promotion of Game Industry, Article 48 (1) of the Criminal Act (Defendant A);

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the defendants.

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