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(영문) 수원지방법원 2014.01.23 2013노3078
게임산업진흥에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to each of the appraisal results of providing game products different from the rating classification results and investigation reports (to hear the opinion of the staff of the Game Rating Board), the “Spancom” game products of this case are acknowledged as having been modified differently from the rating classification, and the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of facts.

B. The court below erred by misapprehending the legal principles as to the facts charged on the ground that each of the statements made by G and H, which correspond to the fact that gambling and other speculative acts are allowed or neglected using game products for profit, is reliable. However, the court below erred by misapprehending the legal principles on the facts charged.

2. Determination:

A. The summary of the facts charged in the instant case (1) Defendant B is the owner of the EPC bank’s unemployment, Defendant A is the owner of the said PC bank’s name. The Defendants, while operating the said PC in the name of F, provided the game machine with contents different from those classified by the Game Rating Board, and recruited points obtained by unspecified multiple customers to exchange in cash using the false names of other customers.

(2) No one shall provide game products, the contents of which are different from those classified by the Game Rating Board for the distribution or use, or display or keep the same for such purposes.

Nevertheless, from July 23, 2010 to August 16, 2010, the Defendants conspired to install 30 computers from the above “EPC room” and provide a game work “Spancom” to the location of “Spancom No. 0” and, if cryd numbers, can continuously cryp the total amount of cryp and display it on the background screen. In order to avoid a decrease in the HP’s physical strength (HP).

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