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(영문) 제주지방법원 2016.10.21 2016고단1854
게임산업진흥에관한법률위반
Text

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 a person who operated a “CPC” game room in Jeju from July 2015 to July 1111.

From July 2015 to March 17:50, 2016, the Defendant installed six computers in the above “CPC” game room from July 2015 to March 31, 2016, and, unlike the classified contents, granted a ID created through the manager’s page program without the real name certification and membership registration procedure, and provided a modified “mon posters, Baduk, and soft game products” to customers for filling game money without limit of daily purchase, and exchanged 10,000 won per game money acquired by customers as KRW 10,00 per games.

As a result, the defendant provided game products with contents different from the game products classified, and used them as a business to exchange the results obtained through the use of game products.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The game use manual, the appraisal result letter, and the business account book;

1. Details of receipt and trading;

1. 동영상캡처사진, 관리자페이지스크린샷 법령의 적용

1. Relevant Article on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Game Industry Eligible for Punishment (the point of providing game products different from the classification of game products), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act (the point of providing game products exchange business with result of a game), and the selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) of the Criminal Act;

1. The reasons for sentencing on Article 44(2) of the Act on the Promotion of Additional Collection and Game Industry (the proceeds from the operation of the game of this case recognized by the defendant at the time of the prosecutor's investigation) are as follows: (1) the scope of sentencing on the sentencing criteria; (2) the provision of use

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