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(영문) 대구지방법원 2020.08.26 2020고단3119
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 conducts a business providing Internet computer game facilities in the name of “Clovas Bank” in Daegu-gu B.

No one shall provide game products, the contents of which are different from the classification obtained, for distribution or use.

Nevertheless, from November 2018 to November 2011, 2019, the Defendant provided a direct charging method using the game money by receiving cash from customers and charging the game money through the manager's page, unlike the content of the rating classification, to customers who find out the game money in the above CP from November 2018.

As a result, the defendant provided game products with contents different from the contents of the classification.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Investigation report (the No. 12 of the evidence list);

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment on illegal game products: [No person who has a special appearance] which is different from the classification of game products [No person who has a special appearance]; basic area of recommendation [the scope of recommendation area and recommendation range]; six months to one year and two months;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

The favorable circumstances: Recognizing the crime, it is against the law.

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