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(영문) 부산지방법원 2017.09.27 2017고정1538
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The criminal facts were partly revised according to the facts acknowledged within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

The defendant is a person who actually operates the "C Party Head" in Busan Jin-gu B.

1. A person who intends to run a general game providing business shall obtain permission from the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree;

Nevertheless, from February 3, 2017 to February 6, 2017, the Defendant run a business which, without obtaining the above permission from the head of the above C party room, installed three total sum of three games of “Physical Magazine” and operated a game to many and unspecified customers, while allowing them to play the game in an amount equivalent to the amount of money in the said game machine.

2. No one shall distribute or provide a game product, the rating of which has been refused because it falls under a speculative game product, or display or keep such product for the purpose of providing for distribution or use;

Nevertheless, from February 3, 2017 to February 21:20, 2017, the Defendant set up one “mail posters game”, the rating classification of which was refused from the said head of the said game room, and displayed and stored for many unspecified customers for the purpose of engaging in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation by each police (in relation to the details of enforcement, etc., Sfin- carried out, etc.);

1. Police seizure records and list of seizure;

1. A report on the control of a business place;

1. Application of statutes on the detailed taxation of on-site game pictures and game products;

1. Article 45 of the relevant Act on criminal facts, Article 45 subparagraph 2 of the Act on the Promotion of Alternative Game Industry (the point of an unauthorized general game providing business), Article 26 (1) (the point of an unauthorized general game providing business), Article 44 (1) 2, and Article 32 (1) 4 of the Game Industry Promotion Act (the point of providing game water, the rating classification of which has been refused for use), and the choice of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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