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(영문) 인천지방법원 2016.10.13 2016노836
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant purchased five computers and sold them to the instant DPC (hereinafter “the instant PC”) and the gambling game, which is called “casta” on the said computers, was not the unemployment share of the instant PC, and even if not, the Defendant committed the instant crime by failing to investigate the police, and thus, the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. 1) The summary of the facts charged is that the Defendant: (a) installed five computers in Bupyeong-si C and 10 in Seocheon-si; (b) provided, or displayed or stored for, the distribution or use of game products different from the rated contents; (c) the Defendant provided, for the purpose of using, or displaying or keeping the said game products. Nevertheless, from September 10, 2015 to October 14:30, 2015, when using the gambling game called “Gta” from the aforementioned “DPC” to the said “DPC”, the Defendant provided, at his own discretion, a customer with the content different from that of the rating provided to the customer; (d) while operating a separate manager page, the Defendant provided the game products with the content different from that of the rating provided to the customer; and (e) was lawfully admitted by the evidence duly examined by the lower court; and (e) the Defendant provided the Defendant to the effect that he had made a confession to the effect that he had made a statement to the effect that he had operated the instant PC as an employee’s evidence.

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