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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is the owner of the Daegu Seo-gu B and the second floor “C Gameland”.
No one shall exchange, arrange for exchange or repurchase the results of tangible or intangible obtained through the use of game products or engage in a business of repurchase, and no one shall provide game products, the contents of which are different from the contents of the rating obtained by the Game Product Management Committee for the distribution or use, or display or keep such products for such purposes.
From August 26, 2018 to September 12, 2018, the Defendant established and operated 40 game machine “Africa” in the above gameland from September 17, 2018 to September 18, 2018, and 40 games from September 17, 2018 to September 18, 2018, the Defendant provided customers with separate marks on the order of priority in and scores for the use of the game differently from the contents rated by the Game Management Committee, and provided customers with a modified game machine to put separate marks on the contents of the game. If customers request the settlement of accounts, the Defendant paid free vouchers by converting the points accumulated in the game screen or the RNK into 5,000 won per mark, and if the customers result in free right of use, the Defendant deducted 10% of the fee and paid them in cash.
As a result, the defendant exchanged the results obtained through the use of game products, and provided game products with contents different from the contents of the classification.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol of the accused, D, E, F, and G;
1. Each statement of H;
1. Report on internal investigation (Evidence Nos. 11, 12) and investigation report (Evidence List Nos. 32,35,47);
1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;
1. Relevant Article on criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry Selection and Punishment (the point of business exchanging the outcomes of using game products) concerning criminal facts, and Articles 45 subparagraph 4 and 32 (1) 2 of the Game Industry Promotion Act (the point of providing game products different from the classification);