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(영문) 대전지방법원 공주지원 2021.01.22 2020고정55
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

No one shall distribute or provide for the use of a game product, the rating of which has been refused because it falls under a game product, display or keep such product for the purpose of distribution or use, or exchange, arrange for exchange or re-purchase of such tangible or intangible product obtained through the use of a game product, or engage in a business.

Nevertheless, from July 30, 2020 to August 19, 2020, the Defendant set up four physical posters, a game product, the rating of which was refused in the rest room of the above party room, and offered them to customers in a manner of making it available, and exchanged the points obtained by the above customers through the physical posters game at KRW 10,000 per 50.

As a result, the defendant provided game water, the rating classification of which is denied because it constitutes a speculative game product, and exchanged tangible and intangible results obtained through the use of game water for business purposes.

Summary of Evidence

1. Application of the statutes on the seizure of each written statement by the defendant, and the list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 44(1)2, 32(1)4, 22(2) (which means the use and provision of game products for which classification of class is refused), Articles 44(1)2 and 32(1)7 (which means the exchange of the result of acquiring the use of game products) of the Game Industry Promotion Act, and each of fines;

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

1. Article 48(1) of the Criminal Procedure Act and Article 44(2) of the Game Industry Promotion Act, confiscation under Article 334(1) of the said Act;

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