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(영문) 서울북부지방법원 2014.09.16 2014고정1868
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a party hall in the name of “B”.

1. No person shall provide game products for distribution or use, or display or keep them for such purposes, which have not been classified, and the defendant from June 5, 2014 to the same month;

8. From 21:00 to 21:00, the Seoul Dongdaemun-gu Seoul Dongdaemun-gu and the fourth floor “B” displayed two game equipment of the “physical posters” without being classified by the Game Rating Board, and provided it to many and unspecified customers.

2. A person is prohibited from mediating or re-purchasing intangible results obtained through the use of a game. While a person does not engage in the business of exchanging or re-purchasing them, the defendant, in violation of this provision, exchanged a total of 108,000 won for a business period, such as exchanging in cash the game money which is a tangible or intangible result obtained by an unspecified number of customers through a physical posters game machine at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Control note;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant legal provisions of facts constituting an offense, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection and Punishment (the point where game products are provided), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act (the point where game products are exchanged) and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 44 (2) of the Act on the Promotion of Confiscation Industry;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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